Blair Endersby notice of breach please help!

[MelanieGiles]

So the joint loan is no longer a joint loan, but a debt just in the name of your husband? If so, I still don't understand the comment about you getting money back.

[Attitude]

Me neither, Melanie. I shall raise this matter with them when they ring me. Thanks for all your advice.

[Blair Endersby]

Attitude

I can not comment on the specifics of your case here as this would be inappropriate and also I do not have them. Pleasec contact me to disucss, but as stated above if your debts are higher than in the proposal we can go back to the creditors and get the level agreed. It is not unusual for creditors to make mistakes in their claims and you should go through any information sent to you to see where you dispute any claims.
You should not be paying the joint debt though the other debtor would have to come to an arrangement to pay it but this would reduce the claim of the original creditor in the VA and the other party may be able to make a cliam in your VA.

Please contact me.

[Attitude]

Attitude

I can not comment on the specifics of your case here as this would be inappropriate and also I do not have them. Pleasec contact me to disucss, but as stated above if your debts are higher than in the proposal we can go back to the creditors and get the level agreed. It is not unusual for creditors to make mistakes in their claims and you should go through any information sent to you to see where you dispute any claims.
You should not be paying the joint debt though the other debtor would have to come to an arrangement to pay it but this would reduce the claim of the original creditor in the VA and the other party may be able to make a cliam in your VA.

Please contact me.

I rang you when I received the letter on Friday night after work, and I was told someone would ring me to discuss this. As yet I am still waiting. As I work until 6pm I cannot ring you before 6.15, as i explained when I rang Blair Endersby, which was why the advisor said someone would ring me.

[Soulgrowth]

Frustrating isn't it Attitude!

My experience of my IP was that they were sat in an ivory tower.

Would it be worth emailing the link on the bottom of the BE posting ... but then it only seems to be a generic email address, not one particular person.

Hope you get this sorted soon, I dont think it is appreciated how distressing and stressful this kind of thing can be for us.

Debbie

[Skippy]

Have you tried searching for your IP's email address on the Insolvency Service website and emailing them direct?

http://www.insolvency-service.co.uk/newipsearch.htm

[Attitude]

Have emailed them in the past and very rarely got a response.

Thanks Debbie, its nice to speak with someone who understands how distressing this is.

[Blair Endersby]

attitude as advised email tha address below. I can not comment why you have not been called as I do not have the details.

[Cybus]

Attitude

I can not comment on the specifics of your case here as this would be inappropriate and also I do not have them. Pleasec contact me to disucss, but as stated above if your debts are higher than in the proposal we can go back to the creditors and get the level agreed. It is not unusual for creditors to make mistakes in their claims and you should go through any information sent to you to see where you dispute any claims.
You should not be paying the joint debt though the other debtor would have to come to an arrangement to pay it but this would reduce the claim of the original creditor in the VA and the other party may be able to make a cliam in your VA.

Please contact me.

Since you are now asking Attitude to see if he / she disputes the value of these claims, I assume that you would yourself have already had sight of the claims and supporting documentation.

I also assume that Attitude provided you with up to date statements of account to :-

1) Assist in the preparation of an accurate list of liabilities and statement of affairs.

But more importantly

2) Enable the Nominee to qualify the statement that Attitude's position as to assets and liabilities was not materially different from that which it was represented to the creditors to be.

Could you therefore not determine yourself why there is what you call a 'material irregularity'? Compare the information in your possession that you initially verified the level of liabilities for statement of affairs purposes to that provided in support of claims received? Where differences have arisen, you ought to be able to identify the cause of such an increase.

[Attitude]

I have had my annual report today, which shows how much more the companies are claiming. The one which I really cannot understand is HFC Bank who are claiming the figure was not £9683, but £13654. This was a joint debt with my husband. After my IVA was accepted, HFC chased my husband in January 2007, telling him he was now solely responsible for the entire amount of the outstanding debt, which was then standing at £8451. After taking some advice from his debt management company (which he joined after a joint IVA was turned down), he was advised that he should accept their offer to take out a new loan for £8451 to repay this outstanding amount which he would then repay over 10 years (interest free) at £70.42 a month.

He received a letter from HFC Bank dated 16th January 2007, which says
"We are delighted to confirm that your application for your new account with HFC Bank Ltd has been approved. The funds have been transferred to the relevant account which will now be closed"

Therefore, if HFC Bank have closed the original account when my husband took out the loan to repay it, I fail to see how I can now owe them £13654, when the original account stood at £8451 (less than what I originally claimed it to be)

I am getting more confused by the day!!! Hopefully when someone rings me at 12noon tomorrow it will all become clear.

[MelanieGiles]

This is getting more and more confused - and the only people who can help you to resolve this are Blair Endersby - at the e-mail address you have been asked to send your details to. Can I urge you to follow this route, and then post back to let us know the outcome. I have often seen claims increase from the figures contained within a statement of affairs, but these are usually resolved quite speedily.

[Attitude]

Thanks Melanie. I have emailed them tonight. I am scheduled to get a call from James at noon tomorrow to discuss my Annual Report. What I believe has happened here, is HFC have now asked for the full amount of the loan plus interest as when we took the loan the total amount payable (inc interest) was £13654. Therefore they havenot frozen the interest on the loan as the rest of my creditors have. I'll post the outcome after I've spoken to James tomorrow.

[Soulgrowth]

Good luck [:)]

Debbie

[Attitude]

Thanks Debbie.

I've just had a promising email from James at Blair Endersby saying he was unaware of the situation between my husband & HFC. At least I have learn to make sure I tell James of everything which takes place, and not just whoever answers the phone! lol

[Attitude]

Just to let you all no. Things are a lot more positive tonight. Simon rang me today and we went through everything. Because the HFC debt was paid off by my husband, they have taken the £13654 off my IVA, as this debt no longer exists. My payments have come down for the minute as well. Today I have £13654 less debt than I had yesterday. Life seems good at the minute!