sale of our residential home

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MelanieGiles

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Post by MelanieGiles » Sat Sep 01, 2007 12:09 am
Key there is in the use of the word "may", rather than "will definately". I am afraid that I cannot speak for the actions of your IP, as I do not have full detailed knowledge of your case, but if you really feel aggrieved by her actions I suggest that you refer matters to a solicitor.

It is usual for the variation that you wished to submit being put forward, as it is your suggested changes to your IVA and not the IP's, and I said earlier she could have put her own comments or lack of recommendation to it for creditors to consider. As is stands now, I assume that the variation report makes no mention of your wishes and needs. Did you review the report before it was issued to creditors? And is there a restriction against the property in your Supervisor's favour?


Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

Lesley_x

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Post by Lesley_x » Sat Sep 01, 2007 6:23 am
Hi Melanie
She called me yesterday and asked me to come in next week to see her regarding a letter I had written to one of her juniors.I had asked for hime to be taken off our case as I do not trust him due to him lying and giving wrong information in the past.She then called my husband and asked him to come and see her.She then did a letter and said we could only claim housing and removal,she has not discussed this with me and I do not know what the letter she has sent out said.He assures me he did not sign the letter or anything else.I think she called him in because she knew I was at work and she manipulates him where I will argue my point and would have insisted she enclose all the requirements I put on the list that was given to her.My husband is worried that if we make to much fuss she will bankrupt us and that we will get no money to secure our rented accomadation.The creditors are giving 13p on our individual IVA's and about 35p on our joint I believe.He tells me if we ask for more they may reject our request.
I am not happy at all and really will be taking advice on Monday,I had thought I would write her a letter over the weekend and put it through the door for Monday morning saying that again I have not been consulted and that I believe my requests have not been asked for .What do you think I should do?
 
 

MelanieGiles

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Post by MelanieGiles » Sat Sep 01, 2007 8:34 am
Lesley

It does appear to me that your relationship with your IP has broken down, and if you do not feel that she will listen reasonably to your position then I would go and seek independent legal advice locally. I assume that you live in Devon, from the location of your IP, so could I suggest you contact Stephen Lawson of Foot Anstey in Exeter. Stephen is a leading lawyer in the field of IVA's, and a short consultation with him, or one of his colleagues, where they can review the paperwork to see exactly what your contractual responsibilities are ought to at least confirm the position for you.

As you are only offering 13p in the £, I do have some sympathy for your IP's position and I can see why she may be concerned that creditors will not accept your offer, but this could have been renegotiated at the meeting at which time you would have had the opportunity to consider submitting an incresed offer.

You are obviously aware that if creditors do not accept your offer, then bankruptcy proceedings are inevitable - during which you will be made no allowance for the relocation costs. So please do tread carefully.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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