Just found out Ebene Gate hold my IVA

[COB]

It's a bit of a long one so bare with me.
I initially went through Creditfix who couldn't get the IVA approved so forwarded us on to The Financial Guidance Group. Everything was plain sailing with them and the IVA was approved. Lovely job!
Fastforward to August 2021 and I decided to look into starting my own business and knew that I needed to clear it with them first, looked on the paperwork - no contact details, looked on emails - no contact details, looked online - no contact details. However these guys had glowing reviews on Trustpilot. I got in touch with other IVA companies hoping they could put me in touch with them, nothing! In the end I started my business and just hoped that eventually they would get in touch with me.
This morning an email comes through from Ebene Gate saying that I needed to do my annual review, and it dawned on me that Ebene Gate has been the name taking the IVA payment from my account each month but I just assumed that since it was from the first payment that Ebene Gate were trading as the Financial Guidance Group.
Rang Ebene Gate first thing and asked what the situation was and they couldn't give me any answers and just asked me to do my review. Explained that I had started my own business and I was concerned that I was going to get in trouble but I didn't know that Ebene Gate were responsible for my IVA, was just told to fill in my expenditure. The guy wasn't helpful at all.
I'm going to make a complaint but by the reviews I've now read from Ebene Gate I don't think I'm going to get very far so I guess I'm just asking whether anyone has any advice. Am I in breach of my IVA for not letting them know I started a business? Even though I tried to get in touch with them and couldn't, and didn't even know they were dealing with my IVA.
I may just be spiralling and none of it matters but I'm panicking.
Thanks

[Foggy]

Ebenegate are NOT responsible for the running of your IVA -- that responsibility still rests with the IP named as supervisor, and it it that IP you complain to and about.

Ebenegate are an administration company who have been taken on to do the leg work -- they are, essentially, a glorified call centre, based in Mauritius.

Who is named as supervisor in your proposal ?

[Foggy]

Funny ... reading reviews ... it seems a few people think they are with CF but are reviewing Financial Guidance Group Limited.
CF often do this when they are rejected by creditors --- usually due to the high fees they charge. They will pass you on to a partner firm who, surprisingly, charge less. They do this without permission, possibly covered in their small print, but even so, morally if not legally questionable.
I have checked Financial Guidance Group Limited with the Insolvency Service and can find no IP registered with them, under that company name, although they do say that they have an in-house IP on their website --- he or she might be listed under a different company again.

[Foggy]

OK -- bit of detective work:

The IP listed is Mr Buchanan of Logan Whyte. He is responsible for your IVA and you need to a) complain to him and, b) refer the complaint to his regulatory body if no joy:


Name
Mr Russell Whyte Buchanan
Company
Logan Whyte Ltd
Address
39 St Vincent Place, Glasgow, G1 2ER
Telephone
08000 430 188
Fax
IP Number
18630
Licensing Body
ICAS
Email
russell.buchanan@logan-whyte.co.uk

[COB]

Thank you so much for all of that information. I was concerned at only having his name and no other contact details should I need to make a complaint.
So does the fact that Ebene Gate are just doing the admin not really matter when it comes to not being told about that fact earlier?
I'm not really sure where to go from here, do I just send Ebene Gate the annual review information that they have asked for and see what happens or contact Mr Buchanan directly and explain the situation?
Thank you so much for your help.

[Foggy]

There are a few points of contention here:

The referral of your case and confidential information from CreditFix to Mr Buchanan without your consent: Complaints to regulatory bodies are against individual IP members, rather than insolvency firms, so you have little recourse here, unless you want to take them to court under date protection regulations.

The lack of contact from Mr Buchanan. Although he uses Ebenegate, the supervision of the IVA is down to him personally. You could complain to his regulatory body via the Government Gateway here: https://www.gov.uk/complain-about-insol ... actitioner. You will need to raise your concerns with Mr B first to give him an opportunity to put things right.

In any event, you will need to comply with requests from Ebenegate for the purposes of your review. From previous posts from those who deal with Ebenegate they will increase your payment by £20 or £30 regardless of figures you supply !!

For the avoidance of doubt, should any issues arise, I would be inclined to email Mr B direct and outline the situation, along with the complaint for non-response.

Finally, Ebenegate have, in the past, asked for third party access to bank accounts, allowing them to pull down statements at will. My advice would include the phrases " Long walk" and "short pier" ! Leave them to do it the traditional way, where you send them copies you have obtained yourself.

[COB]

Ah I'm glad you added that last part as they actually emailed me this morning asking for access to my bank accounts via an electronic system and I didn't like that idea. When I got in touch with them this morning they asked me to send them statements so I will do it that way instead of allowing them access to my accounts.
I will get in touch with Mr Buchanan in the next couple of days alongside completing the review. The guy on the phone this morning basically said that they would be raising our amount regardless of what we send even though I questioned the rising costs of living. Considering it's meant to be as much as you can afford I find it quite surprising that they don't take these things into consideration.

[luluj]

It sounds like they are being unreasonable in assessing income and expenditure. Its clear to everyone the rise in cost of living is going to hit hard so its essential they work with those in ivas to make things work - if they don't they run the risk of creditors getting nothing as ivas will simply fail.

Keep the pressure up and pushing for what you want / need to make this work.

[WallE]

It's worth noting that Creditifx, Logan Whyte and Ebene Gate are all heads of the same monster, IE, the same group of companies.

When CF believe an IVA is unlikely to get approved with them or they can't charge what they'd like in fees, they'll shuffle it over to Logan Whyte who charge less.

Both are managed by Ebene Gate on a day to day basis as outsourced supervisory.