Received a notice of breach about our iva. Help.

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Lorna.l

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Post by Lorna.l » Thu Jun 01, 2017 2:45 pm
I have just received a notice of breach about our iva which is 4 years standing.
This is from a debt collection agency who have told IVA that we owe a certain amount more than was originally stated.
How can they ask for this money after all this time?
Please advice.

Lisa Thomas

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Post by Lisa Thomas » Thu Jun 01, 2017 3:25 pm
Was the original debt declared by you in your IVA proposals?

How much more is the purported debt from the amount you disclosed originally?
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk

Michael Peoples

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Post by Michael Peoples » Thu Jun 01, 2017 4:21 pm
The breach can be rectified if this was a genuine error. At worst the IVA can be extended by a few moths so the dividend is not affected but this may not even need to be done.
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

Lorna.l

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Post by Lorna.l » Sat Jun 03, 2017 2:52 am
The company is called Max recovery and they want about £2000.
I looked at original agreement and they were not named but a year later I saw their name and 3 references. But the IVA were 'awaiting evidence' and looking through another annual report they still are.

Foggy

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Post by Foggy » Sat Jun 03, 2017 2:23 pm
Max could well have purchased one or more of your debts which the IP has mistakenly attributed the whole claim (say 3 debts Max is claiming in one lump) to one of the debts bought ( if Max used only one of the reference numbers, for instance). Difficult to explain -- but I am sure a bit of digging by your IP should get the matter sorted, if you speak to him / her.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

Lisa Thomas

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Post by Lisa Thomas » Mon Jun 05, 2017 10:12 am
I agree that more work is required to understand this as it sounds as if Max were never the original creditor so would not have been listed. Check with the IP what the debt actually relates to and try and sort it out with them.

I'm surprised if they have gone straight to a breach notice without checking this with you first...
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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