My Mum and Dad were on an IVA and have been since 2008. My Dad passed away in Jan 2011. I informed the IVA company and sent on the required death certificate. I was told that they would try to bring the IVA to a close. We have heard nothing at all from them since Jan 2011. Todat 07/05/11 - My Mum received notification that another company has taken over and this has been done throught the courts. The company are stating that they will resume full payment. Can the IVA company do what they have without any communication at all to my mother and can the new company take over without doing a full financial assessment for my Mum so that she can pay what she can afford - should the previous company have simply done another financial assessment after his death and she would have continued on the IVA that they were on - please help.
Hi Sunnykat - sorry to hear about your Dad, the last thing you and your Mum need is this added worry.
Can you tell us the name of the company the IVA is now with and has your Mum been advised of the IP's name now looking after the case?
If you have those details, I would send a stern email detailing the situation and request a prompt response. Hopefully, the IVA can be concluded early based on the situation and paymnets made. In the least your Mum would have to send in a revised income & expenditure form to try to get the payments reduced. Is there any way your Mum can make any payments into the IVA?
You'll get plenty of advice on here, so please stick around xx
Julie,
Thank you so much for your advice. I am seeing her in the morning and will jump straight on it.
Julie, should Baines and Earnst not have just done this? Revised the income and tried to reduce the payments. They did lead me to believe that the iva would come to a close because of my Dad's death. 90% of the debt was in his name - Baines and earnst just added one of Mums loans to it. I'm confused and just don't understand how this could have come about without any communication to my Mum. She's in her 70's and is still coping with bereavement let alone this.
Thank you so much and I will stick around
Kindest
Sunnykat
Baines and Ernst would have passed the IVA to Blair Endersby who in turn have now sold their IVA arm to Grant Thornton.
You do need to speak to them about this.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Hi - yes I do agree B&E should have communicated with your Mum and you should raise this point in the email. However, try not to dwell on what should have happened and lets try and find a way forward to help your Mum through this difficult time.
It may be better if your Mum gives her permission for you to discuss this with the IP - a signed letter from your Mum will be needed, but it will mean you can save your Mum from trying to resolve it.
I truly hope B&E will be understanding, just make sure you speak /email the IP. If ever you need to chat off forum, we can exchange emails.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Hi again
Sorry to keep on but I'm worried.
I have just spoken with my Mum on the phone and it has been sold to the company you said.
They have stated that she needs to do nothing and that normal payment will resume from her bank account. We cancelled the direct debit as instructed by blair endersby. They cant take the usual amount they use to take can they? As she has lost half of the pension and has half the money coming in ...she cant afford it.
I will write to them as you said but they cant take money can they froma direct debit that was cancelled to another firm.
Karen (sunnykat)
No - once you have cancelled a DD the firm has no authority to take money - if they do claim it straight back from you bank. Go online to your mums bank /phone and cancel it yourself
Last edited by ginger3232 on Sat May 07, 2011 8:37 pm, edited 1 time in total.
Hi Sunnykat, you are not keeping on so please don't worry about posting.
If the DD has been cancelled and your Mum has informed the company, then they cannot take any payment. There is a DD guarantee to protect your Mum and to take a payment would fall foul of this.
Just double check the D has been cancelled and send an email to the company straight away to confirm the action you have taken and why.
A bank will always ask if you have informed the company before cancelling a DD so you should inform the company.
I have experienced a company re-setting up a cancelled DD and as I could prove I had cancelled the original DD and copied the company a letter, the claim against the company was easy.
