Everlengthening IVA - IP Letter

[chris_]

Hi All,

I notified my IP last week that I had passed on my complaint about their fees to the ombudsman and I have today received a letter from them.

This letter says nothing about the fees, or anything to do with my complaint whatsoever. What it does say is that they 'appreciate my comments', but state that I am still in breach of my IVA due to contributions being overdue and require £4.8K to settle my IVA immediately.

Nothing at all about my points, or my replies to their letters - just give us the remaining money asap.

As I see it I have 3 options at this moment in time -

(a) Ignore them and wait to see what ombudsman says, and hope that they do not try to bankrupt me in the meantime (would they really do this over £4.8K?)

(b) Appeal to my creditors as Melanie suggested a while back, and ask for a variation meeting for them to accept what is in the pot now, due to the fact that I have done everything reasonably asked of me and that the only reason they have not been paid fully is because of the fees rising to 16K. - I could also offer to throw in any fee reduction that does come back from the ombudsman.

(c) Try to raise the cash (not sure if I can) and then pursue the reduction in fees through the ombudsman without the pressure of bankruptcy.

Opinions would be gratefully accepted
(PS - If I went down the variation meeting method the IP I presume would increase his fees again to cover it)

Chris.

[MelanieGiles]

Hi Chris

I would really recommend at this stage that you try and broker a face to face meeting with your IP in an attempt at reconciliation - or at least an agreement that he will take no further action against you whilst your issue is being investigated. This may involve taking a day off work and an element of travel costs, but I am sure you and your IP will find it a worthwhile meeting. Have you ever met your IP?

As an IP who has been in practice for a long time, I myself have had the occasional dispute with a client, and really do welcome the opportunity to meet and discuss issues from both sides. This has always resulted in a solution - perhaps there has to be some compromise on each side (the very nature of settlements!) but what you are looking for here I think Chris is closure rather than dragging the thing on - and of course you are concerned about being made bankrupt, although I cannot see a Court granting an Order when there is an ongoing dispute about payment.

Give it a go. Your IP knows that your complaint is serious, and I do feel that if you can get into the same room you will reach some form of compromise. And the ombudsman will be encouraged that you are trying from all angles to broker a fair-play solution for everyone.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[chris_]

Hi Melanie,

I met my original supervisor and his 'manager' when my IVA was set up and this was at their office which was about 30 miles away.
Unfortunately I have not met the new one or anybody dealing with my IVA now as they shut the local office down and I would have to drive to Carlise to see them now - a long long way away.

I will try another polite letter asking them to take no further action (or add more charges) until the ombudsman has investigated. - but if they insist on payment what do I do then ?

I think the problem is that they have already taken most of their fees from the pot, and do not want to get into paperwork/legal issues regarding putting money back - hence the reason they agreed to write off the little bit they had not taken already.

I thought I had made them a good offer to meet them halfway, but they didn't even come back with any sort of counter offer or answer any of the points I made about their fees, as I think they were trying to scare me off by using the fact that I am behind with payments.

I think this letter is the same tactic, but more carefully worded than others - presumably because they know I am in touch with the ombudsman.

[freelili]

You have been reasonable enough and as Melanie states, would the court allow a BR? I feel that you have been reasonable enough, why are they avoiding the issues? Its just my opinion but I feel that if you ask them politely not to take any further action they will jump on it as a scare tactic I know how hard it is but stick to your guns, I believe the ombudsman has them well and trully worried.

Good luck Chris

Good luck

LILY

fly me up to where you are beyong the distant star, I will wish upon tonight, to see you smile, only for a while, to know youre there, a breath away is not too far, to where you are.

[MelanieGiles]

I feel that you ought to make the trip to Carlisle Chris and face these guys across a table. Trust me it will be a worthwhile trip, and if at the end of the day you find that they will not meet or are refusing to deal with your issue sensibly, then you can include this in your claim. You can also ask for the opportunity to review all of the correspondence with the Inland Revenue which has led to the increased fees, and see this for yourself.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[tracy.h]

Hi Chris
I know its a long trek but i would agree with Melanie,but i would take someone with you who will witness the meeting for future reference just incase things dont get sorted out,at least you can then say you have tryed every way to sort this neverending situation out.
I really wish you well and hope you will soon be able to get on with your life debt free,you sure do deserve it.

Tracy

[Adam Davies]

Chris
This is good advice and I wonder how they will be when you ask to meet face to face with them ? One things for sure,they,ll know that your deadly serious.
Regards

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp

[scaredkez]

chris sounds like good advice re going to carlisle but i would be worried travelling all that way and they had excuses not to see me, i think you have already told them your unhappy and would continue with the ombudsman at least they have to answer their queries and you may feel you have gotten somewhere, of course thats my opinion.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[freelili]

However far you might travel ~Chris they will not admit to extortion but will want to settle things before anyone else does.

I wish you the very best of luck, you are in my thoughts.

LILY

fly me up to where you are beyong the distant star, I will wish upon tonight, to see you smile, only for a while, to know youre there, a breath away is not too far, to where you are.