My IVA

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maizie

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Post by maizie » Tue Jun 26, 2007 11:22 am
My IVA was accepted on the 22nd May but it still isn't on the Insolvency Register?!

Life is far too stressful!!
Life is far too stressful!!
 
 

aguise

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Post by aguise » Tue Jun 26, 2007 11:44 am
Hi Maizie check they havent spelt your name wrong or differently.

Ang
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Adam Davies

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Post by Adam Davies » Tue Jun 26, 2007 11:46 am
Hi
I think that it should be on there by now so check with your IP.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
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Andam Davies
 
 

maizie

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Post by maizie » Tue Jun 26, 2007 11:48 am
I am wondering if it has anything to do with the fact that my first IVA was due to go out on the 9th June but moved to the 9th July because they inputted the incorrect direct debit details wrong. Had a terrible time with Accuma who have made loads of mistakes so it wouldn't surprise me if they messed that up too! I refused to send the signed modification paperwork back to them until they sorted it out. Thats going in tonights post.

Life is far too stressful!!
Life is far too stressful!!
 
 

Sensible77

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Post by Sensible77 » Tue Jun 26, 2007 11:52 am
Hi, Maizie. You won't appear on the Insolvency Register until your IP has received your signed paperwork back. I posted mine to PayPlan last Friday so they would have received it yesterday and today it's on the Insolvency Register.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 26, 2007 12:19 pm
Guys

As I have said before IPs have to register this information forthwith with the DTI. This means staight away after your creditors meeting, and does not need to wait for any documentation returned by you.

However this is really an issue for your IP to worry about and not you. You have fully complied with what you need to do, and if your IP has failed to meet a statutory deadline he must take the consequences in due course.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

Sensible77

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Post by Sensible77 » Tue Jun 26, 2007 1:10 pm
Hi, Melanie. The timing must have been a coincidence for me. However, what happens if the paperwork is not signed and never returned to the IP? The person could change their mind after the creditor’s meeting and decide, for whatever reason, not to go ahead with the IVA. Would they then appear on the Insolvency Register and then be removed from it? Is it usual for the IP to rely on someone’s word, i.e. verbal acknowledgement, to officially record the IVA rather than wait for the signed documents?
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 26, 2007 1:42 pm
You cannot change your mind after the creditors meeting. The creditors meeting decision is final - and as you are technically supposed to be in attendance there to confirm your agreement to the terms put forward by creditors.

I am slightly suprised at some of the points you are raising, as it seems that the procedure in particularly the timings of what happens when has not been properly explained to you. Yes it is usual for the IP to rely on a verbal acknowledgement from their clients. IPs who bother to build a client/professional relationship with their clients prior to the meeting, would have little difficulty with this procedure.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

Sensible77

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Post by Sensible77 » Tue Jun 26, 2007 8:39 pm
Hi, Melanie. I don't wish to labour the point, but why can't you change your mind? Isn't it the same as an IVA failing and then going for bankruptcy? It surprises me that such an important matter can be made legal without the Chairman’s Report being signed by the person involved. With the recent news about people taking driving tests on behalf of other people, how does the IP really know that they are speaking to the correct person? If that’s how it is, then fine, but I would have thought that something needs to be changed so that only on receipt of the signed Chairman’s Report, does the IVA become official.
 
 

Adrian Ratcliffe

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Post by Adrian Ratcliffe » Tue Jun 26, 2007 8:58 pm
Hi,
I only found out my IP when I had to sign the direct debit from my account to his.
Also seen it posted on here that you can end up having the same IP in bankruptcy.
Good point about the driving license thing (I could have got away with that 1)
None of these points have even been put to me by my IVA Company.
Adrian
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 26, 2007 10:10 pm
Because you are supposed to be in attendance at the creditors meeting in person. It is at the time of the meeting when decisions are made - with your input of course. If you are unable to make a decision during the meeting, then your IP would have to adjourn proceedings until you were in a position to confirm.

The Chairman's Report is a historical minute of events which occured during the meeting, and is not the opportunity for you to confirm whether you accept the modifications or not. If you choose not to attend the meeting, and are unable to confirm a yes or no, then your IP has no choice but to adjourn. The IP knows that they are speaking to the correct person, because they have built up a relationship with that client during the time in which the proposals have been put together - or at least that is how it is supposed to work. Sadly, I fear that in many cases this does not happen. Sorry, but things become official at the date of the meeting, not the time you sign the Chairman's Report - and I don't see that changing or there to be a need for change in this aspect of insolvency management.

Reading your post and Adrian's it is clear that there is some odd advice and practice out there at the moment.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

Sensible77

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Post by Sensible77 » Tue Jun 26, 2007 10:26 pm
As far as I’m aware, I’ve not had any odd advice or practice from Payplan. They never said that the IVA is only official on receipt of the signed Chairman's Report. The Chairman told me on 13 June when my IVA was approved that as of then I am now protected from my creditor's. I know that my IVA began on 13 June, but it seemed odd to me that it only appeared on the Insolvency Register after they received my signed Chairman’s Report.

Can anyone else who has had their IVA approved tell us if it appeared on the Insolvency Register before they returned the paperwork?
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 26, 2007 10:45 pm
There is always a natural time delay in registration, as if your IP sends the papers by post to the Registrar of Individual Voluntary Arrangements on the same day of the meeting it will be a couple of days for that post to be received and processed.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

Kiska

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Post by Kiska » Tue Jun 26, 2007 11:43 pm
how do i find the insolvency register?
 
 

Adrian Ratcliffe

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Post by Adrian Ratcliffe » Tue Jun 26, 2007 11:46 pm
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