3 months in.....

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PastHope

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Post by PastHope » Thu Nov 15, 2007 9:12 am
Hi all

Well its been nearly 3 months since we took the plunge and made the first phone call to an IVA advice line.

Just seems, after 3 months, two set up payments and a lot of expense in letters and phone calls, we are still no nearer getting things sorted out.

The problem it seems is thus.

My wife and I have seperate credit cards with the same creditor in our own names only (ie not joint)in addition to other debts.

All the rest of the debt is in my name.

When the IVA was first discussed, we were told to include her credit card into the agreement as the IVA was going to be a joint thing. So we stopped paying the minimums on that as well.

Now, our proposal has got to the IP, he is suggesting that my wife now try and set up a payment proposal for that debt only and I apply for the IVA to cover just the debts in my name, with a provision for monthly payments to my wife's credit card, as it will give our proposal a better chance for success.

My instant reactions to this is

1) We arent going to be debt free at the end of the IVA.
2) The chances are we are going to be continually hassled to increase our payments to this creditor throughout the term of the IVA.
3) Throughout the whole set up we were told to include this debt, we werent actually in arrears with this card at the time of application for the IVA, now we are!
4) The creditor in question is HSBC, surely if they accept the proposals on my credit card as part of the main debt, they wouldnt refuse my wife's card... in fact if we did try and make a seperate arrangement surely that would affect my ability to pay everyone else in favour of that one creditor, so it would make it better for HSBC to reject the IVA and go after an arrangement direct, and therefore make the IVA less attractive to all the other creditors too?
5) We were told at the beginning that we had a fairly standard and straight forward application, the last comments make me wonder how likely we are in even getting it accepted.
6) We have signed loads of forms giving our IP and their associates authority to discuss our financial matters with all our creditors, and yet WE are always asked to try and sort out extra information that is needed from them. Surely they would be better suited to try and negotiate a payment plan for my wife then she is? We just seem to have handed over £500 and other than a couple of glossy brochures and a typed up agreement, we have done all the work ourselves? Is this normal?

Felt a huge weight lifted after the initial phone calls, now it just seems to be up in the air again :(

P
 
 

MelanieGiles

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Post by MelanieGiles » Thu Nov 15, 2007 9:48 am
Hi there

It does not look as if your IP has reviewed your case until some time after the matter was referred to his/her firm. This does happen in larger companies, but your IP is ultimately responsible for the provision of best advice to you, and that is what he is now doing. Debt solutions do sometimes take a while to put into place, the IP may well have been talking to your creditors in the meantime, and no real harm has been done.

With regard to your comment about being debt free in five years, you may have misunderstood the prime purpose of an IVA - in that the creditors allow you to make affordable repayments to the best of your ability over a realistic timescale - usually five years. Whilst some of the glossy advertising may have led to you believing that you would be debt free - perhaps that was the thing that attracted you to the IVA process in the first place - if your wife is in a position to continue to service her debts then she should not be put into a formal insolvency arrangement.

If the advice given by your IP has caused to you to incur arrears on a card, which you are now being advised to continue paying, I suggest you ask them for a refund of some of the money you have already paid them in order to bring the account in line, and then explain to HBBS what has happened. You can also ask the IP to send a letter of explanation to them as well.

Does your wife only have one creditor? If so she should never have been advised to propose an IVA as she does not fit IVA criteria. You may wish to discuss this further with your IP.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

PastHope

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Post by PastHope » Thu Nov 15, 2007 10:08 am
Yes my wife only has the one credit card in her name.

We were told that because her income etc would have to be counted towards the application for an IVA then her credit card should be included as well.

I think I need to have a very long chat with Thomas Charles and find out exactly whats going on.

As an aside, and certainly not a flippant remark, I thought it ironic to read your comments about IVA's not being about being debt free within 5 years, right along side an advert from MoneyTailor.co.uk, blaring out the very comment :)
 
 

Adam Davies

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Post by Adam Davies » Thu Nov 15, 2007 10:23 am
Hi
You have been given poor advice at the begining and as Melanie suggests I would ask for a refund equal to the arrears that your wife is in with her card.Once it is upto date the IP should factor in enough for the minimum payment to be made each month.As long as it is upto date she will not get any creditor hassle.
Please let us know how you get on
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Fri Nov 16, 2007 12:23 am
Hi PastHope

Where is that reference to MoneyTailor.co.uk next to my post? Would be interested to read that.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
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