Finished payments two years ago, no certificate. Now IVA are demanding recent inheritance.

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Daniel.j

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Post by Daniel.j » Thu Jun 19, 2014 11:44 pm
I finished my iva payments two years ago. This had also been confirmed by my iva company. I am still waiting for my completion certificate ( apparently still clearing up ppi claims!!!) I have recently been left some inheritance (£1000). My iva company say that the money should go to them? I've paid fully into the iva, and my argument is, if my certificate was issued sooner ie within six months then there would be no issue.
 
 

Michael Peoples

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Post by Michael Peoples » Fri Jun 20, 2014 12:12 am
You need to speak directly to your IP and try and get this sorted out. Perhaps they could call a variation allowing you to keep the money as the delay was not your fault.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Struzzo39

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Post by Struzzo39 » Fri Jun 20, 2014 5:10 am
Why can't certificates be issued if the client has filled their part of the bargain ?? It seems a little unfair. We sent all documention off to eif 2 years ago now and its still not been finalised
Steven & Debbie
 
 

luluj

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Post by luluj » Fri Jun 20, 2014 5:51 am
Seems very unfair ... You need to speak to your IP to resolve this but hopefully common sense will prevail.
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

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TzeKin

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Post by TzeKin » Fri Jun 20, 2014 12:04 pm
A big joke! There should be a regulated time deadline for completion certificate release.If the FCA regulated this as they do with financial services(they are cleaning up alright....haha) we would get quicker results on completion certificate release.
One year on from iva completion and no more on certificate release.That is resonable.

'DUTY OF CARE'to clients. Court cases are won this basic principal.

Now refuse to give the inherentance given the circumstances.
Last edited by TzeKin on Fri Jun 20, 2014 12:05 pm, edited 1 time in total.
 
 

Foggy

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Post by Foggy » Fri Jun 20, 2014 12:18 pm
The length of the arrangement, including final admin period, is specified in the agreement ( at least it was in mine ). There are provisions for this to be extended on two occasions only, and then by serving prior notice.

My feelings are, given that you have a similar clause that the IVA completes, notwithstanding the issue of a certificate, with regard to your obligations, when this time expires.

An experts view on this would be welcome.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Shining

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Post by Shining » Fri Jun 20, 2014 9:05 pm
I too feel this is unfair and hope that your IP can sort things to allow you to retain the inheritance, 2 years seems a very long time to wait for a certificate and be bound by the terms and conditions of the IVA still.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

kazzafunk

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Post by kazzafunk » Fri Jun 20, 2014 11:55 pm
I agree with the others on this and would be kicking and screaming before I let them have this money!
Kazza

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http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

back on track

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Post by back on track » Sat Jun 21, 2014 9:17 am
EIF a right joke firm.still asking me to fill in claim forms for accounts they already have checked on.payplan say they don't use them anymore but eif still say they do.who is telling the truth.sent last lot off again see how long it is before they ask to fill em in again.
cc received 6th January 2014 now upwards and onwards
 
 

Gettingthere

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Post by Gettingthere » Sat Jun 21, 2014 9:01 pm
Don't even get me on about EIF please (I am seriously considering getting in touch with the FSA about them to be honest)and I do hope that common decency, sense and fairness prevail for you Daniel. Absolutely disgraceful for this to be going on so long.
 
 

plasticdaft

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Post by plasticdaft » Sat Jun 21, 2014 10:01 pm
This situation is where I'm glad I'm in scotland as the debtor is discharged very quickly after making their last payment but the IP stays in office overseeing things like ppi etc but windfalls etc after the debtors discharge wont get swallowed up by slow acting Iva firms!!!

Its seriously dishonest looking for an iva to still not be finished 24 months after a final payment is made.

paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
 
 

FuzzyLogic

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Post by FuzzyLogic » Sat Jun 21, 2014 10:40 pm
I've been sent a load of applications to fill in for them again, 18 months after i did them originally.
Did agree to a change in terms with IP recently that means they can end the IVA before all the PPI stuff is done and dusted, so hopefully that is the way they will all go eventually
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