Open Letter to Insolvency Experts

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Foggy

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Post by Foggy » Fri Aug 02, 2013 1:49 pm
To all IPs and Insolvency experts who take the trouble and make the effort to read this forum and are interested in how their clients feel:

The last couple of years have been a rough ride for all of us, experts and debtors alike. We appreciate that the insolvency industry has been rocked by the Paymex decision and then by the PPI fiasco. We also appreciate that this has caused an enormous amount of unexpected work for you. We are grateful for your efforts on our behalf, even though this is sometimes clouded by our frustrations.

However, these issues have also caused an enormous amount of heartache for us debtors, whose lives are often put "on hold" whilst awaiting that, to us, all important Certificate of Completion. I honestly get the impression that, save for a few, you do not appreciate the importance and weight we place upon, what is to you, a seemingly insignificant piece of paper.

It puts me in mind of the surgeon talking to his patient pre-op and telling him not to worry. To the surgeon the operation is simple, something he does day in and day out, routine ---- but, to the patient, this is the first time he or she has had an appendix taken out! Experts often forget the importance of what they do and it's effect on people.

To us this is the goal, the "Holy Grail". It signifies that triumphant moment when we become "debt free". The end of a long and often difficult road.

So, forgive us when we become somewhat agitated when it's issue is delayed by matters that are not of our making, oftentimes by up to 2 years! And, yes, we appreciate they are not of your making either. But, please, treat us with some courtesy and respect. Communicate with us honestly and do not merely bury your heads in the sand.

Some Insolvency firms have taken the view that, once the final payment has been made, that the debtor has fulfilled their responsibilities, whereas others still hold the debtor to windfall clauses. Why should we be held to such responsibilities for an extra 2 years through no fault of our own, and largely due to a problem which many IPs have already sorted out?

Some firms have generously offered to share such solutions. Regulatory guidance says there should be no undue delays. Please can those firms lagging behind on this pick up the same book and sing from the same page ? Recognise, as do many of your colleagues, that your clients (yes, us, the debtors) are human beings with hopes and aspirations often being put on hold or, indeed, dashed, by delays in closing down cases. And, above all, COMMUNICATE with us.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Paul.55

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Post by Paul.55 » Fri Aug 02, 2013 2:57 pm
Without question, that is the most succinct, dignified & heartfelt (borne out of experience) piece of prose I've seen written on this subject. Thank you Foggy for putting into words what I and My Wife are struggling to even vocalise at this time.

All the efforts of posters, professional and client alike, are really appreciated. But none more so than this. Thanks Foggy, you're right on the money ( sorry!!) with this.

Paul.
 
 

Michael Peoples

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Post by Michael Peoples » Fri Aug 02, 2013 3:10 pm
There is little I can say about your post Foggy other than we certainly understand the frustration of clients. The last few years have been a pain for IP firms and clients alike and hopefully we never have a couple of years like it again!

I cannot speak for the entire industry but our firms and many others have dealt with the problems head as we do not want unhappy clients or cases open that should be shut. We promised our clients that if their IVAs were still open after the final payment was made and there was a windfall of any description, we would call a variation and exclude it. Luckily we have now addressed the problems [at great cost and with no little help from fellow firms such as Cleardebt and Melanie Giles] and our files are closing as normal.

Finally, I understand your comparison to a heart surgeon but if we tell someone to relax and we will sort it out that is because we believe we can resolve it and we try and instil confidence. Would you prefer if the surgeon said 'I have done hundreds of these and it is no big deal' or he said it was his first operation and it could go either way?
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
 
 

Skippy

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Post by Skippy » Fri Aug 02, 2013 3:27 pm
I'm not in an IVA but I can definitely understand the frustation that people are feeling. My major issue is the companies who, despite someone completing their side of the IVA and making all payments, still say that any windfalls etc must be paid across until the completion certificate is eventually issued. To me that is very unfair and is unacceptable.
 
 

Pandy

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Post by Pandy » Fri Aug 02, 2013 5:44 pm
Foggy,

I could Kiss you if you wern't so tall (I am only 4ft 10)

Well Said, I agree with everything you have written, we do all appreciate the hard work the IP's put it and all we ask is to be kept informed of any hold ups. Not just ignored and made to feel a pain if we dare moan about it.
If life is what you make it, I must have been in a strange mood when I made mine
 
 

Andy1964

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Post by Andy1964 » Fri Aug 02, 2013 5:51 pm
I'll have a pint of whatever you're on Foggy.....superb and so right.[:)]
I'd say Foggy for Prime Minister....but you're too honest and liked.[:)]
If we all threw our problems in a pile and saw everyone else’s, we’d grab ours back.

Funds paid to date accepted as F&F 16th August 2013, the wait for completion begins.
Wait over....certificate recieved 3rd May 2014
 
 

Adam Davies

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Post by Adam Davies » Fri Aug 02, 2013 7:09 pm
Hi

Very well put Foggy

Can't think of any other business sector where goal posts are moved for the end user [customer] time and time again with a complete disregard for the affect that it may have on them.

Regards
Andam Davies
 
 

luluj

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Post by luluj » Fri Aug 02, 2013 7:12 pm
Good one foggy .. Very true ... And very unfair x
Sharing from experiences of dealing with debt

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

Look at my blog "All I wanted was a baby"
 
 

Foggy

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Post by Foggy » Fri Aug 02, 2013 7:36 pm
Thank you for your comments.

Michael, rest assured the efforts made by your firm, Melanie and her team and a few others are very much recognised and appreciated by us all, client and non-client alike.

With regard to the surgeon's comments, yes, at least he is attempting to instill some confidence, which many firms don't :-)
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 Aug 02, 2013 8:10 pm
Very well put Foggy and my mind is always confused by how some companies can close quickly i.e my IP and others take 2 years plus??
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

country girl

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Post by country girl » Fri Aug 02, 2013 8:21 pm
Well said Foggy.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Aug 02, 2013 10:15 pm
Understood and not guilty m'lud!

Will be interesting to see if anyone else posts on this thread from the professional world.
Regards, Melanie Giles, Insolvency Practitioner
 
 

orchid5

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Post by orchid5 » Sat Aug 03, 2013 10:12 am
A very eloquent posting Foggy and one that many of us are able to relate to as well.
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.
 
 

Robbieboy

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Post by Robbieboy » Sat Aug 03, 2013 10:17 pm
Well said Foggy, I am far from this being a concern but have to say it is something I dread, surely that is not right! WE shoul be able to count the days and see a clear end. X
I know I am a good person, I just need to start believing it

See my blog - Life was a misery until now
 
 

tinks81

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Post by tinks81 » Sat Aug 03, 2013 10:28 pm
Well said, and so relevant to many of us at this moment in time. It is so unfair that we have all stuck to our side of the 'deal', yet our so called saviours can now hold us to ransom at the last hurdle, playing us like a game of cards, keeping their hand close to their chests while we have to bare all. Why should we be the ones who have to make the first contact all the time just to find out (or try to find out) what is happening? If we were the ones holding our payments, or not sticking to our side of the deal, we would be deemed to be in breech with the possibility of our IVAs failing.
There are a lot of frustrated people out there, and I, like you, just wish the companies would all get there heads from somewhere dark & see things from our point of view & at least communicate updates regularly.
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