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fins123

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Post by fins123 » Mon Jul 23, 2012 5:05 pm
I was in an IVA and my Grandfather was a creditor. He passed away with a few months left on IVA and since then the IVA company has been chasing the executor for overpayments they made to him. I was with Blair Endersby and it was passed on to Grant Thornton. We had previously advised them re the overpayments and nothing was done. Can anyone advise me on how to deal with this?
 
 

Niobe

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Post by Niobe » Mon Jul 23, 2012 6:56 pm
Hi and welcome to the forum.

I've no idea on this one I'm afraid - hopefully one of the experts will be along to advise. We'll keep this bumped up.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jul 23, 2012 8:26 pm
Why would they have made overpayments to your grandfather? I guess if this is genuine, then your grandfather's estate would owe money back to the IVA, so perhaps GT now ought to be dealing with the executors of the estate. If your IVA has completed, then I do wonder under what ambit the current IP can be acting, or why this really needs re-opening at such a late stage. If the previous IP firm have been negligent in their distribution, a claim on their PI insurance may be necessary.
Regards, Melanie Giles, Insolvency Practitioner
 
 

fins123

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Post by fins123 » Tue Jul 24, 2012 8:19 am
Hi Melanie Giles

My grandfather was on the list of people i owed money to.
During my IVA they GT would send countless documents with other peoples details regarding payments that had been made to his bank account.
We advised them a number of times by email and phone, to say my grandfather was being sent money from people he did not know.

The paper work and payments kept on coming so we advised them again and again. Now i am sure with the details they had been sending (full names and addresses), this could be seen as a major breach of DPA. We have been promised on a number of times that my grandfathers details had been removed from the accounts and that his details would only show on my IVA.

Anyway cutting a long story short my grandfather passed away just before my 5 year term was up. So i called GT to advise them and what i needed to do regarding the death certificate.

Within a few days of them getting this certificate they had wrote about the other payments and that it would needed to be paid back.

Are they in their rights to demand money back of someone who is passed away? As it wasn't his fault they kept sending money to his account?

To add insult to injury my grandmother received another letter last week. With full details regarding someone elses IVA and payments due to my granddad.
 
 

Broke of London

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Post by Broke of London » Tue Jul 24, 2012 9:07 am
That's awful! If your grandfather kept the money aside it might be just as easy to give it back - it was sent in error and not repaying it could cause problems for the debtors who paid this money as their dividends won't stack up. I'm sorry you lost your grandfather xx
 
 

fins123

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Post by fins123 » Tue Jul 24, 2012 3:48 pm
Do they have a legal right to this money, as at the end of the day it was in their error.

The only reason i ask is my grandfather never made a will and my mother is looking after what bit of an estate he had.

The whole family is very upset on what has happened and how they are being treated

Regards
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 24, 2012 4:52 pm
If an error has been made, then the person who has paid the money in error does have the right to claim it back from the recipient who has received it in error. How much are they saying has been paid over incorrectly?
Regards, Melanie Giles, Insolvency Practitioner
 
 

fins123

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Post by fins123 » Tue Jul 24, 2012 5:07 pm
Just under £1500.00
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 24, 2012 6:38 pm
I hope that someone from GT contacts you to discuss how this matter may be resolved shortly fins123. Your poor grandmother should not have to deal with issues like this, which must be confusing for her, whilst grieving for the loss of her life-partner. I wonder if Karol has been on the forum today?
Regards, Melanie Giles, Insolvency Practitioner
 
 

fins123

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Post by fins123 » Tue Jul 24, 2012 6:54 pm
To be fair we are totally fed up with GT, we contact them via phone to be told there are no mangers around and get and open promise of a call back or email them and get the standard reply of someone will get back to you in 28 -48 hrs.

Yet we have always have to do the chasing.

I have personally learnt my lessons and paid my dues, but I can honestly say if I do get in debt I would never ever use these again
 
 

fins123

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Post by fins123 » Thu Jul 26, 2012 12:48 pm
I have tried calling them the past two days to speak to a manager, but keep being told they are in meetings.[:(][xx(]
 
 

Shining

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Post by Shining » Thu Jul 26, 2012 1:00 pm
This is really frustrating for you and I sincerely hope this is solved soon and hopefully karol will pick up on this thread
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

fins123

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Post by fins123 » Tue Jul 31, 2012 10:06 am
Just wanted to update you all, we have had a call from GT today to say that the £1500 is going to be written off.
They have also advised that they will be sending a letter out to confirm this.

It looks like that Blair Endersby had done this to a number of peoples accounts and GT wasnt fully aware at time of take over.

I would advise anyone who is having the same issue, to hold on and not pay straight away as it looks like they may write off amounts under the same circumstances
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 31, 2012 10:15 am
That seems a good result, and I am glad that the forum may have helped you to resolve this issue. If the overpayment has been made to a commercial creditor, then this should be recovered before cases are closed. i think that your case represents special circumstances, but I fully concur with the decision.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Shining

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Post by Shining » Tue Jul 31, 2012 10:16 am
A sensible outcome in the end.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
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