www.iva.co.uk

I have a big problem.

10 more payments well maybe not.

When I started this IVA I had just seperated from my ex wife. There were 2 loans that were not included. 1 with Northern Rock as it had her name on it and I was advised I could not include while her name was on it. As soon as her name was removed I advised Blair Endersby who I have my IVA with and it was included. I also did have a Loan with Lloyds Bank which Lloyds did not want me to include. After my first I&E review I advise B&E about it and they said they could include this.

I had a letter this week advising me I was in Breach of the terms of the IVA this addition debt totals £20k Advice required.

Hi, I'm not sure myself but think one of our professionals who post on the forum will hopefully be able to advise. x

Hi, you will need to speak to your IP as soon as possible. Also read your proposal again, there may be a clause that says if your debt increases by more than n% you will be in breach...then you will know your exact position when you speak to your IP. The professionals will be able to be more constructive. Hope this is sorted quickly and let us all know how you get on.

The amount is 10% and I am over this.

This sounds like an absolute nightmare, as the two debts should have been included from day 1 and your IP knows this. And I do not understand why Lloyds were picking and choosing which debts to include either. Sounds like the IVA could have been doomed from day one, and I think you need to get some answers as to why this case has been allowed to run on for so long to be told at this stage that it may fail.

You need to be careful about paying any more money into this IVA if it doomed to failure. Do not let this drag on and try and get it resolved quickly.

What recourse does the OP have here? They were poorly advised by the IP firm re the joint loan, given a bum steer from Lloyds and then the IP didn't rectify the Lloyds fiasco for four years.

Dyroyale...have you been paying the Lloyds debt separately or is it 4 years in arrears?

The OP would need to speak to the IP and see what was actually discussed and advised at the time. It certainly needs resolved immediately.

Sounds like another case of poor advice from the start,which firm has allowed you to get into this bother?

I didnt know creditors could choose not to be part of the iva and clearly both the IP and Lloyds knew what was going on at the start!!

Paul

I didn't think they could - I thought all unsecured debts had to be included.

Otherwise wouldn't all creditors go down this route?

So I got on the phone to Blair Endersby today and asked to speak to my IP. There are 2 new IP's not the same people who orignally set up the IVA. Was not allowed to speak to them and was advised that "I should not worry about this breach" The companies that I owe money to have to put forward their claim for outstanding bal's and sometimes these are incorrect. I explained that this had all been agreed with my "account manager" who has also left Blair Endersby. I asked what are the likely out comes of this breach and was informed that an extension to payments. But not to worry and carry on as normal.

Any suggestions any one else deal with B&E?

BE do post on here, so hopefully they will pick up on this.

I think it's appalling that you can't speak to your IP, especially over something as serious as this. I would email your IP directly, and put read receipts on the email. You can find your IP's email address here - http://www.insolvency.gov.uk/fip/

There is also an email address on BE's posts on here - ip@blairendersby.co.uk - and I would cc that address.

Broke of London wrote:

What recourse does the OP have here? They were poorly advised by the IP firm re the joint loan, given a bum steer from Lloyds and then the IP didn't rectify the Lloyds fiasco for four years.

Dyroyale...have you been paying the Lloyds debt separately or is it 4 years in arrears?

Hi the Lloyds loan went in about 6 months after the IVA was first set up this was due to it being highlighted in the Income and Expenditure review. B&E have always been aware of all debt and advice came from the gentleman who visited my flat, right at the begining and was backed up by Account managers at B&E. The joint loan went in to the IVA as soon as my ex partners name was taken off it she cleared her half. I was advised once that happen I could put this debt in the IVA.

Get whoever you spoke to, to confirm the exact position in writing on this point, with a letter signed by your IP. I am sure that they have the matter in hand, but there is nothing better than getting confirmation from the horse's mouth.

Hi djroyale

Please forward your customer reference, and contact details, to the below email address, and I will review your file.

Kind regards

Blair Endersby