IP would be vacating the office

[our7]

I have recently received a statement from my IP saying words to the effect that all payments have been made and the IP would be vacating the office. I have sent copies of this to Experian & Equifax. However I still keep being asked for a Certificate of Satisfaction/Completion? Is this an actual certificate? Who should provide it? Do I have any legal rights to obtain it? I have corresponded with Melanie Giles in the past over my IVA, if she remembers! Yes it is still rolling on - 2 years and counting.

[MelanieGiles]

Hi there

Has your IVA actually been concluded, and are you having difficulty in obtaining a copy of your Certificate of Due Completion from the Supervisor?

[our7]

The last document I received was a Notice of full implementation to all creditors bound by the arrangement of me. When I mention this certificate to my IP company some people I talk to confirm it's existence and some don't. I'm going to see them tomorrow night to try and get this certificate. I was told it was in the IP's office waiting to be signed. But when my partner rang today they have never heard of a certificate and seem to believe it's this notice I want. When I have made myself clear it is a certificate of completion.

[Lisa2009]

I'm a little confused by your posts.
You mention a certificate of completion but then at the end of your first post you say still rolling on 2 years and counting.

Has your IVA actually ended or are you only 2 years in?

[our7]

Yes it completed and full and final payment was made last January 2007 when our house had been sold. The agreement we had was a lumpsum payment after the sale of our home which we did do, but 15 months down the line we still haven't received our certificate of completion. The only thing we have received is a Notice of full implementation to all creditors which just looks like a letter on letter headed debtmatters paper. They said they no nothing about sending out a certificate.
This is confusing as we are told be all financial people that we should have a certificate of satisfaction and would like clarification if this exists and if so does it look like a certificate of will this notice of full implementation be one of the same. I have been to the Halifax and she said this isn't right and it does look like a certificate and debt matters don't seem to know anything about certificates. But in our last conversation they said one was awaiting to be signed by our IP.

I would be grateful for any advise and clarification

[MelanieGiles]

I think that the document you say you have, is actually the document you think you have not! There are many differing terms for this document - I call them Certificates of Due Completion, Ian may call them something different. As Ian used to be an IP with Debtmatters, I am sure he can throw more light on this that I - but I think if you send them the document you have that will be fine.

[Adam Davies]

Hi Mel
Is it not a R.3.54 form ?
Regards

[MelanieGiles]

Some people might call them that Andy - but there is no such official document. As with a lot of things relating to IVAs, this is a term which has developed through custom and practice rather than statute.

[ianmillington]

Hi

There are a number of documents that get issued, some of which are quite meaningless - the Certificate of Non-Compliance for example- who on earth would want one of those anyway? It's of no legal effect IMHO.

From my point of view there are 3 types:

Certificate of Termination - Premature end of IVA due to its failure
Certificate of Full implementation - Does what it says on the tin - all obligations complied with, dividend cheques issued and case removed from register
Certificate of fulfilment of obligations - A document without legal effect issued, usually at the request of the debtor, where the debtor has performed all obligations but for some reason the case can't formally be closed.

Can't think of any more. In terms of the query, the Notice of Full Implementation will be the Certificate. It's confirmation that the IVA has been finalised. From knowing what goes into that document, if Halifax actually read it I'm sure it will all be clear. If the problem is that it does not say "satisfaction/completion", that's because the Insolvency Rules refer to "Full Implementation" as worded in the certificate. It amounts to the same thing.

Ian

[Adam Davies]

Hi
So exactly at what point is Joe Public free from their IVA and obligations ?
Is it once their name is removed from the insolvency register ?

[MelanieGiles]

When the IP has concluded his administration of the case, and filed his final report at Court and to the Registrar of Individual Voluntary Arrangements. In my practice this is done simulataneously with the provision of a Certificate of Due Completion and within two months of the date of the final payment.

[our7]

We spoke to Debtmatters last night and they gave us a copy again of this Notice of full implementation to all creditors bound by the arrangement of me. They have confirmed all cheques have been cashed and that we no longer exist on the Governmenst Insolvency register. Melanie you make mention of a Certificate of Due Completion, is this an actual certificate you produce? Or is it on your company's letterhead with this in the subject field?

Ian, is it yourself that used to work for DebtMatters? If so is this the right procedure or are they holding something back for some reason?

I just want to put my mind at rest that we are free from the IVA situation and that I don't have to keep pestering DebtMatters.

[MelanieGiles]

Ian is the expert when it comes to the interpretation of Debtmatters documents - but I assume that this is the equivalent of my Certificate of Due Completion which confirms that your IVA concluded on the day it was issued.

[ianmillington]

Hi our7

Once the Notice of Full Implementation, from a legal perspective, the IVA is finalised. Here's what Insolvency Rule 5.34(1) says

"Not more than 28 days after the final completion or termination of the arrangement the supervisor must send to all creditors of the debtor who are bound by it notice that the VA has been fully implemented or (as the case may be) terminated."

The document you have is, therefore. issued in the terminology set out in the insolvency rules and can be relied on by you and any 3rd party as evidence that the IVA has been finalised,

HTH

Ian

[our7]

Many thanks for everyone's help and advice. I think this maybe something worth flagging up as we have experienced problems after our IVA has finished with this.