IVA company made an error

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Navigator

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Post by Navigator » Thu May 01, 2008 10:43 am
I started my IVA two years ago. Circumstances changed I contacted the IVA aranger and they agreed to lower payments which I made. At first review they went up slightly. Now this review they have stated that the person who agreed my lower payment originally had no right to do so and therefore my IVA was now £3000 in arrears! They suggested that they would write this off if I returned to making the orignal payments and extended the IVA for a further year. When I telephoned them they confessed the creditors had not been told of this error, yet! Which sems unethical to me.
What are your thoughts?
Is there any proffesional body I can complain to?

Thanks
 
 

Navigator

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Post by Navigator » Thu May 01, 2008 11:03 am
Further to above my IP has suggested because I have some equity in my house it would be benifical to raise money on my mortgage as a full and final payment. A quick look at this shows i would save money on what I pay now!

Do you think they are trying to get rid of the problem?
 
 

simba3550

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Post by simba3550 » Thu May 01, 2008 12:03 pm
Sorry to hear you have had problems with this. Someone will be along shortly to advise you on this. Just to let you know I had a similar problem recently where my IVA company told my mortgage adviser that I was in arrears with my IVA and that it had not been conducted properly. when I contacted DFD to challenge this, they apologised and told me it was an error thier end, even when I pointed out that there error could have effected my life for quiet some time to come, they were really quiet indifferent to what they had done. Please talk to someone qualified here that will be able to help you, and good luck with it
 
 

Sarah

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Post by Sarah » Thu May 01, 2008 1:49 pm
That is arful... sorry i cant help but i am sure someone will be along soon!
 
 

Oliver

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Post by Oliver » Thu May 01, 2008 2:05 pm
Sorry to hear of your problems. If you would like to complain about the conduct of your IP, you can do so through their regulatory body (they will be able to inform you of who this is).

If possible I would say it would be preferential to resolve this through your IP if possible. The idea of completing a full and final payment before the end date of your IVA could benefit you and is certainly worth exploring.
Best Regards
Oliver
 
 

MelanieGiles

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Post by MelanieGiles » Thu May 01, 2008 10:19 pm
An official complaint is perhaps a way forward, but isn't it sometimes better to just try and work together to deal with the problem? I suggest that you arrange a face to face meeting with your IP to see if you can find a way out of this that suits both sides - and importantly sees your creditors paid.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Navigator

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Post by Navigator » Fri May 02, 2008 12:21 am
Thanks Melanie,

I totally agree and in fact pointed out to my IP that ethically the creditors had a right to know what had happened. I am just a little concerned that my IP is more worried about his reputation being damaged. I did say mistakes happen and it can be sorted out.
Do you think the option for payng off the IVA early is a sensible option given the circumstances?

Thanks
 
 

MelanieGiles

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Post by MelanieGiles » Fri May 02, 2008 12:51 am
Yes - it sorts out both problems and gives your creditors an earlier return.
Regards, Melanie Giles, Insolvency Practitioner
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