My IVA has been terminated after 4.5 years. Advice please

Get expert opinion. This is the place for new questions to be posted.
64 posts Page 3 of 5
 
 

trionon

User avatar
Posts: 37
Joined: Mon May 21, 2007 2:49 pm
Location: United Kingdom

Post by trionon » Tue May 15, 2012 2:05 pm
Well, I got a response that my email has been passed to the compliance team who will contact me to discuss my complaint....not a word about putting my offer to settle though. Not sure why exactly they treat my email as a complaint, I did ask some direct questions that IP should be able to answer if indeed, PP was acting on what was in the proposal and creditors’ feedback. I did raise my concerns about the extension because of the equity as that was the only option presented to me at the time but I feel that if the clause is inoperable, therefore void, then why wasn't my liability changed accordingly. I could be wrong. Also, when the dreaded equity release clause came into force at the beginning of last year, I knew I wouldn't be able to re-mortgage. I was told to obtain 3 sales valuations which were a joke, quite frankly, and as a result to try and sell the flat because on paper it looked like I might raise something like £12K, and this figure was used for provisional F&F offer. When the agent (one of those express estate agents who market the properties at 70% of their estimated value by high street agents) after unsuccessful 4 months of marketing and 2 price reductions, offered a further reduction that if sold, would not have even paid off the mortgage, Pay Plan told me to get 3 re-mortgage refusals (I could have got 303, in fact) which wasn’t difficult. So, after all this pointless saga, they put in motion a variation proposal in August (!) and just told me they would apply for 12 months extension but at slightly reduced monthly payments because my income was lower but it has been lower all throughout 2011. I honestly don’t know why they even bothered with I&E as it certainly wasn’t based on the actual affordability factor. Anyway, I was glad to at least some relief from September but no – PP told me I had to make up 6 months deficit at the old repayments amount. I just don’t understand any of it. The IVA term was supposed to have finished in April 2011. I was still paying in up until August whilst waiting for the new proposal. I was then asked to continue paying because of the alleged shortfall, so what was the point agreeing reduced payments then? It appears I owe Pay Plan about £600 because I couldn’t afford full payments lately, thus accumulated arrears. The case officer called me asking if I can make arrears repayment by card! Is this some kind of a wind up when I’ve communicating with them all along regarding my financial situation? And, when they do chase it’s like 3 emails in succession, followed by 3 identical letters, several SMSs and regular phone calls that I stopped answering. Now, the compliance is looking into all this. Does this mean Pay Plan hasn’t accepted my offer of £1000 to settle, should I ask, or what? I am completely disheartened by the whole experience.
 
 

Melanie.a

User avatar
Posts: 25
Joined: Fri May 11, 2012 9:22 pm

Post by Melanie.a » Sat May 19, 2012 10:13 am
Hello
I have been away from this forum (busy with work!!)and I have been unaware of all the kind response I have received in the last week.Thanks very much.I called freman jones several times to try and sort it out when it happened.The officer I spoke with was initially sympathetic ,but then called back to say there was nothing they could do as this has been terminated.I contibuted approx 31,152 pounds in 4.5 years.22,149 was contributed to creditors,1,700 waiting to be contributed ;and nominees fees,supervisor's fees ,disbursement,vat was approx 8,000 pounds which is quite pricey and almost a third of my contributions.I have spoken to other companies cos I really didn't know what to do ,especially when freeman jones told me that the creditors MAY increase the charges.I was so anxious.I have signed up with a company to commence a debt management plan to pay the deficit in full over 8 years.I is quite sad because going into the IVA has actually worsened the debt by 8,000 pounds.I am back to square one.I would be grateful for advice regarding the debt management programme.Is 12 % per month a fair charge for its management?I wish I had come to this site before starting up with freeman jones for advice and support
 
 

Niobe

User avatar
Posts: 5169
Joined: Tue Jul 03, 2012 9:56 am
Location:

Post by Niobe » Sat May 19, 2012 10:23 am
I'm so sorry Melanie - it should never come to this at all.

Did you actually speak to Steven Hewitt? Might be an idea to try and contact him if you haven't.

Which company are you going with for the DMP? 12% doesn't sound too bad - I can't remember what we paid for ours when we were in one.
 
 

Broke of London

User avatar
Posts: 7761
Joined: Sun Sep 05, 2010 6:04 pm
Location: United Kingdom

Post by Broke of London » Sat May 19, 2012 10:28 am
Hi Melanie - its so sad to hear you couldn't stop the iva being failed. Did they explain why they failed it without trying to rectify the breech first? You are being very strong and positive, but I'm afraid I would put in a complaint if I wasn't given a fair shot at getting the iva back on track.

Hi Trionon- your story has so many twists and turns I feel like my brain is about to explode!!! [:)] As you have equity, it is standard to extend for 12 months in lieu. However, it should be at an affordable level. It doesn't sound as if they have accepted your offer of £1000. The IP would need to put a variation to creditors to agree this and the variation itself would cost approx £800 which wouldn't leave a lot for creditors. Try to speak to your IP direct as there is a lot of factors at play and it's sounding quite complex. X
 
 

Niobe

User avatar
Posts: 5169
Joined: Tue Jul 03, 2012 9:56 am
Location:

Post by Niobe » Sat May 19, 2012 10:41 am
Trionon - you do need to speak to Payplan to try and sort this out.

I hope Gemma can perhaps pick up on this on Monday.
 
 

kravarran

User avatar
Posts: 121
Joined: Thu Apr 19, 2012 9:12 pm
Location: United Kingdom

Post by kravarran » Sat May 19, 2012 11:13 am
When I read what Melanie had paid over the 4.5 years and then has to commence with an 8yr DMP for the difference it makes me both sad and also worried.

Like some have said, we don't know all the details, but it still looks bad on an IP when this happens.

I'm just starting my journey, having been accepted this week, and I'm with CCCS. Has anybody had any IP issues with CCCS?
The hardest part is telling a stranger about your problems ...... it's also the most important!


Completion Certificate Received! :D
 
 

Niobe

User avatar
Posts: 5169
Joined: Tue Jul 03, 2012 9:56 am
Location:

Post by Niobe » Sat May 19, 2012 11:18 am
Not as far as I know.
 
 

Melanie.a

User avatar
Posts: 25
Joined: Fri May 11, 2012 9:22 pm

Post by Melanie.a » Sat May 19, 2012 6:55 pm
I have not contacted Steve because I have received the termination letter and I not sure what he can do at this late stage.Very sad
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sat May 19, 2012 7:25 pm
Melanie, without wishing to sound blunt -- unless you chast to Steve you will never know if something can be done. This sounds like half a dozen of one and six of the other ...... they should have been in contact well before things got to this stage and, therefore, I imagine, will be willing to try to solve the situation if there is any way this can be done.

Please, at least chat to Steve x
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Melanie.a

User avatar
Posts: 25
Joined: Fri May 11, 2012 9:22 pm

Post by Melanie.a » Sat May 19, 2012 7:32 pm
Thanks.Will do so on monday and I will keep you informed.
 
 

Shining

User avatar
Posts: 27019
Joined: Thu Sep 20, 2007 8:57 am
Location:

Post by Shining » Sun May 20, 2012 2:52 am
Melanie, do make the call and we look forward to your update x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

orchid5

User avatar
Posts: 1814
Joined: Sat Jul 05, 2008 2:37 pm
Location: United Kingdom

Post by orchid5 » Sun May 20, 2012 7:16 am
Hi Melanie, i really feel for you but second what everyone on here has said and that is to speak with Mr Hewitt, his post appears quite positive as he is willing to look into this further for you. Good luck for Monday and please do as Lesley has asked let us know the outcome, fingers crossed that something can be sorted for you, best wishes. x
Om shanti, namesté, good luck to all who are embarking on the IVA journey, it isn't always an easy one but the outcome is the best.

IVA COMPLETED August 2012, received Completion certificate 18.4.13.
 
 

Melanie.a

User avatar
Posts: 25
Joined: Fri May 11, 2012 9:22 pm

Post by Melanie.a » Sun May 20, 2012 2:17 pm
Hello orchid5
I will certainly contact them first thing.I do not trust the system and to be honest not hopeful.I do not know if the recent resignation of my representative of 3 years had anything to do with this.For the last 6 weeks,dealing with a new person who does not know anything about me.Had to supply new evidence which is already on my file.So difficult to communicate with her.
Will let you know
 
 

Niobe

User avatar
Posts: 5169
Joined: Tue Jul 03, 2012 9:56 am
Location:

Post by Niobe » Sun May 20, 2012 2:37 pm
Have you tried speaking to your IP directly?

http://www.insolvencydirect.bis.gov.uk/fip1/

He/she might be of more help than office staff.
 
 

Broke of London

User avatar
Posts: 7761
Joined: Sun Sep 05, 2010 6:04 pm
Location: United Kingdom

Post by Broke of London » Sun May 20, 2012 3:19 pm
Hi Melanie! Good luck speaking to your IP...you haven't got anything to loose by giving it a go!

Hopefully one of our professionals will be along between now and then to advise whether a termination can be reversed if there were procedural irregularities.

x
64 posts Page 3 of 5
Return to “Ask IVA Forum and Industry experts”