Has GT breached terms ?

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Winston123

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Post by Winston123 » Mon Feb 18, 2013 6:32 pm
Hi,
I hope someone can give me some guidance / help ?
I made my F&F payment to GT June 2012, sent my payslips for the year in November 2012 and yet after 8 months I am still waiting for any news on my CC.
In the documentation I signed at the start of my IVA in December 2006, it states that my IVA shall NOT last over 72 months. Seeing as it is now coming upto 75 months, with little sign of GT pulling their finger out what with all the mis-sold PPI bumph they are stalling over, can I make an official complaint ?

Thanks in advance.
 
 

luluj

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Post by luluj » Mon Feb 18, 2013 6:45 pm
welcome to the forum Winston123...unfortunately the closure process at GT at the moment is somewhat delayed and your experience of waiting a little over 7 months so far is relatively little - some people are waiting coming up to 2 years...I fully sympathise with everyone in this position, but my advice would be continually contacting your IP for update week on week...

Sorry I couldn't give more positive news !
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"
 
 

Shining

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Post by Shining » Mon Feb 18, 2013 7:22 pm
Hi and welcome. As luluj says it's not just GT clients who are awaiting their completion certificate after an extended time. Hopefully things are moving forward now with mass variations. It is the PPI issue holding some up.

Do continue to ask for updates and try to establish when the certificate may arrive. I sincerely hope it's sooner rather than later for you.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

JPS

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Post by JPS » Mon Feb 18, 2013 7:29 pm
Yes this does look like a breach of the terms in your proposal. Unless a variation meeting has been held with your creditors to extend the length of the arrangement which judging by your post is unlikely.

I would bring this to the attention of the Insolvency Practitioners Association immediately. They are the regulatory body that authorises the IPs at GT. I understand that they are aware of the shambles at GT and are already taking regulatory action against the IPs so it is important that they are aware of anyone else that is suffering when they shouldnt be. Alternatively you can contact the insolvency service who can take forward a complaint on your behalf.
 
 

Winston123

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Post by Winston123 » Mon Feb 18, 2013 7:31 pm
Thanks for the reply luluj,
I know GT are experiencing a backlog presently, and my paltry 7 and-a-bit month wait is relativly small by other sufferers of GT's closures department, but the point I wanted clarifing is, that if my (or anyone elses) IVA is still open later than the stated monthly agreement (in my case 72 months), are GT in breach of contract by allowing it to go over the term ?
I understand that an IP can extend the terms of the IVA only if there is fair warning sent to their client (victim ?), but seeing as I have not had any correspondence from them apart for the veiled threat in the last e-mail I received stating if I dont sign and return the Mass Variation paperwork, my closure will take even longer.
Has anyone successfully claimed breach of contract with an IP, and if so, any advice will be greatfully received.
 
 

Winston123

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Post by Winston123 » Mon Feb 18, 2013 7:37 pm
Thanks for the advice JPS,
I will start collating information to give to the IPA as there has been NO contact with me regarding a variation meeting, so it looks very much like GT has breached the terms of contract.
I will keep updating this thread as and when I have any news.
 
 

MerlinL14

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Post by MerlinL14 » Mon Feb 18, 2013 7:38 pm
A speculative assumption that the IPA are already taking action against the IP's at GT there JPS. Is this fact or just a hope that the regulators are taking action on behalf of the little people? I am sure they are aware of hold ups with closures, not only solely at GT but also a number of other large insolvency companies.
Writing directly to your IP and making him/her aware of your concerns and complaint may reap a reply with helpful and factual information Winston123.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
 
 

IVA Victim12345

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Post by IVA Victim12345 » Mon Feb 18, 2013 9:15 pm
Winston.
My research has shown me that yes GT have breached their terms, but hey what can we do?

You will of course get copious amounts of advice by posters about the "problems" at GT. But they are normally by those who have either received their CCs or even those who have not even completed their agreements!. Go figure.
 
 

Foggy

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Post by Foggy » Mon Feb 18, 2013 9:25 pm
IVA victim -- we are just trying to give our view of the bigger picture. None of us belittle your plight and, indeed, we all agree that the situation has been grossly mis-handled at GT.

However, just as we don't belittle your plight, please do not attempt to throw scorn on our attempts to help and support on this forum.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

IVA Victim12345

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Post by IVA Victim12345 » Mon Feb 18, 2013 10:05 pm
Yes agreed but surely it would be more productive to source a resolution.

Merlin L14's suggestion is probably more practical to complain than do nothing.

Your attempts to help are simply platitudes and empty gestures and whatever you may think you are actually doing.

If I had the advice, a year ago, that I am giving now, i.e complain until you can't complain anymore it would yield better results than towing the line. Once again I reiterate anyone who has not completed their arrangement through thick and thin is not entitled to belittle those of us who have!.....
 
 

Foggy

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Post by Foggy » Mon Feb 18, 2013 10:12 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by IVA Victim12345

Yes agreed but surely it would be more productive to source a resolution.

Merlin L14's suggestion is probably more practical to complain than do nothing.

Your attempts to help are simply platitudes and empty gestures and whatever you may think you are actually doing.

If I had the advice, a year ago, that I am giving now, i.e complain until you can't complain anymore it would yield better results than towing the line. Once again I reiterate anyone who has not completed their arrangement through thick and thin is not entitled to belittle those of us who have!.....
I have not seen you belittled anywhere IVA Victim. I will, in future, refrain from heaping my "platitudes" upon you.

I wish you the best of luck with your endeavours. Goodbye.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

IVA Victim12345

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Post by IVA Victim12345 » Mon Feb 18, 2013 10:30 pm
I am certainly not thowing scorn on anyones attempt to help and support this forum. That is exactly what I am doing myself and not only for myself.

But it is important to advise new posters with my own experience, JPS, Winston, Merlin etc etc. As I have said if someone had said to me complain with all your might earlier than now I do believe matters would have been resolved for me by now.

Look back on previous posts and see where the CCs have been issued, where those who have shouted loudest have the support of Karol for example. Check out any GT posts including Mediation or GT complaints.

I really do hope that others will get their CCs sooner than I have waited as a result of advice on this forum.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Feb 18, 2013 11:02 pm
Just to bring this back to the original question asked. If the term of an IVA has expired, then the IVA has ended and it cannot be extended further. This does not stop the former IP acting as a Trustee and continuing to pursue PPI mis-selling claims, but the term of the IVA cannot be varied if it has expired.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Heretoday

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Post by Heretoday » Mon Feb 18, 2013 11:28 pm
If the term of the IVA has expired and the term can not be extended, then should the case not be effectively closed and completion paperwork provided?

Whilst the debtor may not be further bound by the terms of the IVA, the fact that the case has not been closed will continue to affect their ability to rebuild their "credit life".
Last edited by Heretoday on Mon Feb 18, 2013 11:29 pm, edited 1 time in total.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

MelanieGiles

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Post by MelanieGiles » Mon Feb 18, 2013 11:36 pm
On the grounds of it that is a fair assumption Heretoday.
Regards, Melanie Giles, Insolvency Practitioner
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