Can you change your IVA firm once an IVA has begun

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ashingtoon

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Post by ashingtoon » Tue Jul 08, 2008 2:52 pm
Hi, Can you change your IVA firm once an IVA has been set up. Just been on IVA.com and my firm is poor, which confirms my suspicions as im finding out more 5 month down the line. Can you change and is it worth it? I mean what are the costs, etc?
 
 

aguise

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Post by aguise » Tue Jul 08, 2008 2:57 pm
Hello ashingtooon
No it is really difficult except in extreme cases to change your company.
Best thing if you are having problems is to ask to speak to your actual Ip and see if you can improve things.

Ang
Please visit my blog at http://aguise.blogs.iva.co.uk/
 
 

ashingtoon

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Post by ashingtoon » Tue Jul 08, 2008 3:05 pm
Oh no, head in hands,,,,
 
 

pbeck

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Post by pbeck » Tue Jul 08, 2008 3:50 pm
The short answer is No.

The long answer is: Your existing IVA provider would have to call a creditors' meeting to approve a variation to the terms of the IVA, namely that someone else takes over the running of the arrangement, unless there's a conflict of interest I can't see any reason why they would want to do that.

If you have grounds for complaint against your IP and this cannot be resolved with the IP directly, then you can refer the matter to their licensing authority. As an IP can potentially have their licence revoked by their licensing authority, threats to complain there usually get taken very seriously.
Philip Beck - www.freeivaadvice.co.uk

Licensed Insolvency Practitioner and IVA specialist since 1996.
 
 

ashingtoon

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Post by ashingtoon » Tue Jul 08, 2008 4:45 pm
Thank you for that information. I almost feel frightened to complain as I need them to like me for the next 5 and 1/2 yrs lol! I have for the first time managed to get my IPs email address (poor him lol) and have emailed him direct as i can never get to speak to him. I hope he responds and we can sort some things out. If anyone reads this learn from my mistake and visit www.iva.com first to check the feedback of the companys your considering. I wish had known about this site prior to setting mine up. I dont think IVAs are bad but the company or IP u choose can make a whole difference i think. Thanx again. I love this site! x
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 08, 2008 6:23 pm
What specific things are you not happy about? Yet again I find myself commenting on the fact that if you never get to speak to the IP prior to your IVA, that probably indicates that they will not give you much time post-IVA - and that can be the real time that you need them if things go wrong and you need ongoing support.
Regards, Melanie Giles, Insolvency Practitioner
 
 

ashingtoon

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Post by ashingtoon » Wed Jul 09, 2008 8:49 am
Im un happy I cant speak to my IP even if I request this and explain why. I was never told who my IP was until after the IVA was agreed. I never knew I wouldnt be able to speak to them. I was under the impression I would be able to build a relationship with them over the term of the IVA and have faith they were on our side. I have no evidence of this so far and feel they are actually on the creditors side, already being threatened with bankcrupcy now on 2 occasions.
Before the IVA was set up I said I wasnt prepared to give up our pensions and if I had too we wouldnt do it. After the IVA meeting with the creditors, some 3 months down the line, getting to crunch point with our creditors and in effect our backs against the wall they came back to us and said yes the IVA would be agreed but it would have to be over 6 years and we would have to give up our pensions to increase the monthly payment to £737. The alternative was explained as bankrupcy. We didnt want that so had to agree.
We sent in our direct debit form to start 1st Feb and it wasnt started we heard nothing from them and assumed it was going to begin 1st March. We got a letter mid month demanding the money and we didnt have it, we took it a breather in preparation for the IVA starting, we paid off some family and bought tyres for our car to give us a head start. I sought kind advice off here about the missed payment and what to do. So I rang them and explained and requested for start date to be 1st march and additonal payment to be added on the end, the customer service rep said it should be ok (not documented on computer & no record of call convieniently). Then got demand/default letter for missed payment. Rang up again and explained what had happened girl was very helpful said she would sort it, she would get back to let me know outcome. No news so i assumed ok. Then another default letter approx month later.Rang up again, convieniently record of previous call there but content not accurately documented on computer. I then wrote to my IP in April/May I am still waiting a reply. What was suggested as should be no problem to arrange on here seems to be a big deal to them, its as if ive commited a crime, lol. I wrote in April/May and am still waiting a reply. Rang yesterday to be apologised to and they would try and sort it now for me.
Also, my fixed term mortgage has come to an end, which they were sent all the paerwork for. When i approached they advised to try my current lender and then other high street branches. They advised to try for an interest only and not to cover it with an insurance or ISA again as there would not be enough money to cover this. I tried to rearrange and failded, no one would touch me being in an IVA. When I rang back and told them I got a sarcastic comment about the fact that you cant apply for a mortgage by phone to which i explained you could and i did and said i would get something in writing if she wanted. She came back and said we would have to send out a variation pack and again was threatened with bankrupcy if the creditors didnt agree.
The hassle of having to supply all my info again for one single change and have to go through this stress agiain as well as be faced with the potential of bankrupcy is too much. I can see a variation meeting so soon in the IVA is negative and my IVA might fail. They should have discussed this at my intial meeting and I feel they havent done there job properly and I am going to pay the price here. I have emailed my IP direct, again thanks to kind advice on here of how to get there details and no reply as yet.
 
 

ashingtoon

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Post by ashingtoon » Wed Jul 09, 2008 8:51 am
PS we are paying 55p in the pound and have an equity release plan to pay remaining debt.
 
 

ashingtoon

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Post by ashingtoon » Wed Jul 09, 2008 8:54 am
We also werent told about there fees, or the fact the IVA is public knowledge and we werent advised about any other option but an IVA. They have used bankrupcy x 2 as a stick, first time to get me to agree to a longer plan and loss of pension and second as an outcome of the forthcoming variation meeting. Even beginning to consider bankrupcy to offload this company and situation.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jul 09, 2008 9:12 am
Which firm are you using? It sounds as if you have not had much advice at all!
Regards, Melanie Giles, Insolvency Practitioner
 
 

pbeck

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Post by pbeck » Wed Jul 09, 2008 9:30 am
Ashingtoon

Please put your complaints in writing to your IP and allow them a bit of time time to respond. If they fail to respond adequately then you can take the matter to the IP's licensing body. No IP likes to see complaints taken that far as there is a considerable nuisance factor and always the risk of disciplinary action and sanction against them so I am sure that they will do their best to respond to your complaint.

You say "After the IVA meeting with the creditors, some 3 months down the line ...", but later in the same sentence you suggest that that they then told you that you had to increase the contributions and the term to 6 years if the IVA were to be approved. It seems to me that what would have happened is that at the creditors' meeting the creditors put forward modifications requiring you to do this or you IVA would be refused. No one can force the creditors to agree to an IVA, it is a strictly voluntary arrangement, and for their own reasons they will have decided that to approve your IVA you would have to increase the term to 6 years and the contributions to £737 per month. It was your choice whether to accept that at the time.

Certainly you should have been advised that there were other options than an IVA, but possibly in your case an IVA would still have been the best one. Under bankruptcy you would lose your interest in your house and it could be sold by Court order after a year if there is equity in it, and if you were to take the debt management plan option, it would probably have lasted a lot longer than an IVA and there is no guarantee that interest and charges would have stopped or that all creditors would have agreed to it. At the point that you originally signed up for the IVA you should have been sent a booklet "Is an IVA Right for Me?" which explains the options available, and signed it to indicate that you have had the chance to discuss it with the IP or a suitably qualified colleague of his.

Yes, your IVA provider should have asked you whether you are on a fixed rate mortgage deal and what would have happened at the end of this, but on the other hand it would also have been open to you to warn them that this would happen so that you would not commit yourself to several years of payments at a rate higher than you could afford.

Unfortunately this kind of situation seems all too common for people dealing with high-volume IVA providers where each client is just another number on the production line.

Probably now a variation meeting is the best way forward to try to see if your IVA can be salvaged. Even if it seems tedious, please comply with your IVA provider's request for information, you may be able to get them to supply copies of previously supplied information for you if you no longer have it to hand. Only if your IP is able to give the full picture to the creditors will they be able to agree a variaion that will allow your IVA to survive.
Philip Beck - www.freeivaadvice.co.uk

Licensed Insolvency Practitioner and IVA specialist since 1996.
 
 

ashingtoon

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Post by ashingtoon » Wed Jul 09, 2008 9:30 am
I havnt had much advice I would agree with you. I am also totally in the dark is to what happens with the equity release and dont know how much we will have to pay. I was told they get you to have 3 attempts at getting a re-mortgage and if you cant get one they wipe out the debt. I suspect since signing up this wont be true. On our plans it has 40k as potential equity assuming we can get 100% mortgage when they tell us, presumambly year 5 as its 6 year term. They will take all the quity as well as us paying at the current rate, 53k. This means the debt is reduced by 25k but if property increases in value that will reduce. I am very nervous about the equity release as i just found out they have a mortgage section and will offer a mortgage if we cant get one at year 4 ? yr 5 as our plan is 6 yrs. I do not want to mortgage with them. Will i be forced too? I am currently with DFD
 
 

ashingtoon

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Post by ashingtoon » Wed Jul 09, 2008 9:54 am
Yes i agreed to the increased amount in order to get the IVA approved.There was also no time to back out at that point. I did get the booklet but didnt have to sign anything. I do agree an IVA was our best option but am worried about this variation meeting. I did provide original documentation about our mortgage for the company which clearly stated it was a fixed term for 3 years which ended in August, 08. I thought it wouldnt be an issue and the sum could vary upon your companys discretion as a result of your I&E if changed. I thought they should have picked this up as they are the professionals acting for you and if a variation meeting is bad early on in the agreement think that this should have been addressed at the set up meeting to avoid failure in the first year. My head was so full at the time, i was overwhelmed and I beleieved they were acting for me in a situation I could not deal with and trusted our best interests were being looked after.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jul 09, 2008 10:31 am
The best way to resolve issues like this is try and have a meeting with your IP so that you can understand his/her point of view and he/she can understand yours. A reputable IP will, as Philip has stated above, be very concerned about a client complaint - and in a larger firm may be totally unaware that his/her staff are not dealing with your case in an appropriate manner.

You do have to take some responsibility for the decisions you made on the day of the meeting, but that is no excuse for poor customer service.
Regards, Melanie Giles, Insolvency Practitioner
 
 

ashingtoon

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Post by ashingtoon » Wed Jul 09, 2008 10:36 am
Im happy with my decision just with hindsight wish i had knew about iva.com.An IVA is right for me but maybe a smaller company would have been more compatible to my expectations. I have emaled my IP direct (thanx to this site ive got his email add) and hope to resolve this direct with him. I have told him my feelings and hope he can help put my mind at ease.Thank you all so very much for your help. Will keep you posted x
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