Is there a legal time limit for completion certificate to be issued ?

Get expert opinion. This is the place for new questions to be posted.
14 posts Page 1 of 1
 
 

Emma.cl

User avatar
Posts: 22
Joined: Wed Jun 04, 2014 1:38 pm

Post by Emma.cl » Wed Aug 05, 2015 12:29 pm
Is there a legal time limit for completion certificates to be issued. I am with debt free direct my last payment was in March and every time I contact them they have a different excuse.
 
 

kallis3

User avatar
Forum Expert
Posts: 77177
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Wed Aug 05, 2015 12:39 pm
Hi,

There is no time limit - some have waited over 12 months.

Keep on pestering!!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MerlinL14

User avatar
Posts: 1626
Joined: Sun Oct 30, 2011 2:44 pm
Location:

Post by MerlinL14 » Wed Aug 05, 2015 12:40 pm
Different companies have different time frames. I was with Grant Thornton and they typically take 6 months odd from last payment date. Some companies have been known to issue within days. I don't believe there is a "legal" time limit but they do have to complete in a timely manner (what ever timely manner is).
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
 
 

lifenoteasy

User avatar
Posts: 3248
Joined: Thu Feb 05, 2015 2:26 pm
Location: United Kingdom

Post by lifenoteasy » Wed Aug 05, 2015 12:43 pm
A recent post suggests that someone was told by DFD 2 years.

Unfortunately there are contradictory messages coming from them and they have been the subject of a number of posts over the last few weeks.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Wed Aug 05, 2015 12:44 pm
Depends on how you look at it -- to my mind there is a contractual limit built into the agreement. Mine stated categorically that the duration of the arrangement was 66 months ( 60 payments and 6 months admin). There were clauses which allowed for the arrangement to be extended, on prior notice, twice, once by up to 6 months and once by up to 3 months.

As it turned out, I never got to the point of testing this, however, had they tried to extend beyond this, or failed to give the prescribed notice I would have deemed that they had breached the contract and lodged a complaint to that effect ( where that would have got me is anyone's guess).
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kallis3

User avatar
Forum Expert
Posts: 77177
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Wed Aug 05, 2015 12:50 pm
Both of ours were received within two months of completion but I did have to pester a couple of times!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

thisusernameistaken

User avatar
Posts: 265
Joined: Thu Oct 30, 2014 6:46 pm
Location:

Post by thisusernameistaken » Wed Aug 05, 2015 6:09 pm
I will be ringing every day to chase once my IVA is complete. The squeaky wheel gets the oil.

I think there should be legal timeframe built in for the issuing of the CC. As debtors we've honoured our side of the agreement in a timely fashion, it's not unreasonable to request the same from the creditors/IP.
Last edited by thisusernameistaken on Wed Aug 05, 2015 6:10 pm, edited 1 time in total.
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Thu Aug 06, 2015 12:10 am
I agree with Foggy. Once 9 months have passed after completion something needs done or the IVA could just stop. This is an untested area.
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
 
 

soclose

User avatar
Posts: 14
Joined: Mon Dec 22, 2014 10:38 am
Location:

Post by soclose » Thu Aug 06, 2015 7:46 am
Whilst there is no legal time limit for closing an IVA, there should be.
When you enter an IVA it becomes a legally binding agreement which the debtor has to comply with, however once you have fully complied with your IVA, there is nothing binding on the company which administers the IVA to ensure it is closed in a timely manner.
Last edited by soclose on Thu Aug 06, 2015 7:47 am, edited 1 time in total.
 
 

lifenoteasy

User avatar
Posts: 3248
Joined: Thu Feb 05, 2015 2:26 pm
Location: United Kingdom

Post by lifenoteasy » Thu Aug 06, 2015 8:05 am
Section 10 DPA via the court or a complaint to the Insolvency Service linked to Article 8 and 14 Human Rights Act for any IP that was authorised by them pre September 2015.

As Michael says this is an untested area.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Emma.cl

User avatar
Posts: 22
Joined: Wed Jun 04, 2014 1:38 pm

Post by Emma.cl » Thu Aug 06, 2015 10:24 am
I have been in touch with them every other week and every time they give me a different excuse. I was told to contact the iva lady on the forum email, the reply I got was they were experiencing technical problems. That was a month ago.
 
 

dawn20

User avatar
Posts: 129
Joined: Sat Apr 28, 2012 12:21 pm
Location: United Kingdom

Post by dawn20 » Thu Aug 06, 2015 10:39 am
hi emma
I was with dfd and they were a nightmare to get in contact withn my iva finshred in dec 2011 and it took them DFD until june 2013 to send my cc yes there was ppi but that was concluded with eif just after the iva completion dat e in early 2012 it took constant phone calls and e mails to keep updsting the progress and they used the ppi as an excuse most of the time but eif had told me that DFD had pppi payments so it wasa dragging of feet exercise by them keep at them they are the unprofessional company I have dealt with and if we during our ivas did this we would be threatened with iva failure etc its about time they picked up their game and started acting in a more professional to the people iva that have paid them fees to act for them not push them to one side when they have paid the 5/6 years term to them and are not of as much importance as the those still paying fees in current ivas just keep phoning and emailing them and keep records if u go down the complaints route i
 
 

Emma.cl

User avatar
Posts: 22
Joined: Wed Jun 04, 2014 1:38 pm

Post by Emma.cl » Thu Aug 06, 2015 10:53 am
Hi dawn
My iva was for five years.it was extended for a year and then another six months.we filled in the deeds of assignment thinking that this would help us get our certificate a lot quicker.they have had at least 30.000 in ppi and are still claiming.if we had known about pop we wouldn't of done an iva.
 
 

Evette Everest

User avatar
Posts: 123
Joined: Fri Apr 26, 2013 9:47 am
Location: United Kingdom

Post by Evette Everest » Thu Aug 06, 2015 12:58 pm
Hi Emma.cl,
If your IVA is with DFD please drop me an email (address is in my profile), with all your contact details and I will get in touch to discuss your issue further.
Look forward to speaking to you soon.
Regards,
Debt Free Direct
Forum Customer Support
14 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”