Changes in my circumstances have been ignored

[my]

My, Creditfix are, in my eyes, the Easyjet of the IVA world .... keep things simple and knock em out fast. They tend to gloss over details in the need for speed and you do have to ride them and keep them on track .. when challenged they generally see the light and, to be fair, most of the glossing goes in our favour !

Hi Foggy,
thank you for this. I am still 'fighting' with creditfix.
They call me up and say the same thing over and over again (like Little Britain, Computer says no), speak over me, and get rather aggressive.
They keep saying the same thing, that my affordability has not changed and I have to keep paying 170, or if I want to drop it to 120 I will have to extend the IVA for another 2 years!
It feels like a real struggle with them now, not what I expected at all.
I say to them that they missold me this deal then as they assured me in the signing up process that the amount I have to pay monthly can be changed if my circumstances change.
That woman on the phone just now just answered 'your affordability remains the same' ... when the I&E clearly shows there is nothing left ..

Do I have any rights?
Also, they say if I stop paying all my payments would have been for nothing, the creditors would be informed and then they would come after me again ... and all the payments that I have made would be lost .. (where to???)

Should/can I file for bankruptcy instead?
Another fact, I don't live in the UK any more, so could have just left and left the debts behind, but wanted to act with integrity ....

[Foggy]

Have a look at your proposal -- there is usually a clause in there allowing for an up to 15% reduction, with no extensions (this is at the IP's discretion though -- but, so far, I feel, the call handler has not even consulted the IP. If you have this clause, quote it to the call handler.

You need to make a formal complaint. I would address this to your IP directly and send by recorded delivery (keeping copies). If that fails to produce results you can escalate this to their regulators via the government gateway at :

https://www.gov.uk/guidance/make-a-comp ... actitioner

Regarding failing the IVA -- yes, this will bascally mean all so far will have been for nothing. Most of the early IVA payments are eaten up in fees and, on top of this, the creditors will add back lost interest and possible charges, which will increase the original debt. Now. if you pursue the BR route, this will not matter as it will be taken care of by BR. But BR will cost you £750 in fees up front and the OR can be as difficult to deal with as your IP !

[my]

Have a look at your proposal -- there is usually a clause in there allowing for an up to 15% reduction, with no extensions (this is at the IP's discretion though -- but, so far, I feel, the call handler has not even consulted the IP. If you have this clause, quote it to the call handler.

You need to make a formal complaint. I would address this to your IP directly and send by recorded delivery (keeping copies). If that fails to produce results you can escalate this to their regulators via the government gateway at :

https://www.gov.uk/guidance/make-a-comp ... actitioner

Regarding failing the IVA -- yes, this will bascally mean all so far will have been for nothing. Most of the early IVA payments are eaten up in fees and, on top of this, the creditors will add back lost interest and possible charges, which will increase the original debt. Now. if you pursue the BR route, this will not matter as it will be taken care of by BR. But BR will cost you £750 in fees up front and the OR can be as difficult to deal with as your IP !

Thank you!! I'm looking at my 25 page proposal document now ... by chance would you know where to find the clause?

[Foggy]

Where this is will depend on which T's & C's apply. Mine was the 2014 Protocol Standard Conditions, where it is included at para. 10(8).

[my]

Hi Foggy,
as you've been very helpful so far, I come to you again .. my IVA is really worrying me right now.
I have requested via email and on the phone to speak to my IP, then first got an email back from the person who did my review, setting up a phone appointment, she called me, it rang once then finished, I called back, got a voicemail 'the offices are now closed" (it was just gone 9am). Then I got an email from a general email address saying (customer services) "If you have any queries regarding your arrangement you can either email us at this email address or phone us at 08000431431." I replied saying I want to speak to my IP and got no further answer except an automatic "Thank you for contacting Creditfix, your query has been passed to the relevant department. We will endeavour to deal with your enquiry as soon as possible."
When my payment didn't go through last time I was getting phone calls at all times and days (early morning, late evening, Sundays) from their call centre. and their collection centre. And the person(s) I spoke to was like a 'computer says no' type of person, when I said I had sent in the review and it clearly shows that I cannot afford these payments and need to review and lower my payments, they said again and again while talking over me, your review has been done and shows 'no change'.
Impossible, frustrating, and worrying.
What should I do?
Thank you for your help!

My, Creditfix are, in my eyes, the Easyjet of the IVA world .... keep things simple and knock em out fast. They tend to gloss over details in the need for speed and you do have to ride them and keep them on track .. when challenged they generally see the light and, to be fair, most of the glossing goes in our favour !

Hi Foggy,
thank you for this. I am still 'fighting' with creditfix.
They call me up and say the same thing over and over again (like Little Britain, Computer says no), speak over me, and get rather aggressive.
They keep saying the same thing, that my affordability has not changed and I have to keep paying 170, or if I want to drop it to 120 I will have to extend the IVA for another 2 years!
It feels like a real struggle with them now, not what I expected at all.
I say to them that they missold me this deal then as they assured me in the signing up process that the amount I have to pay monthly can be changed if my circumstances change.
That woman on the phone just now just answered 'your affordability remains the same' ... when the I&E clearly shows there is nothing left ..

Do I have any rights?
Also, they say if I stop paying all my payments would have been for nothing, the creditors would be informed and then they would come after me again ... and all the payments that I have made would be lost .. (where to???)

Should/can I file for bankruptcy instead?
Another fact, I don't live in the UK any more, so could have just left and left the debts behind, but wanted to act with integrity ....

[Foggy]

I am afraid there is very little avenue open to us debtors for mediation and resolution --- which is something I am trying to get looked at ( though hold little hope of making any impact).

I can only suggest that you write to your IP -- by traditional recorded mail, addressed to him / her by name,-- keeping copies, to lodge a formal complaint. Give a set timescale for a response (has to be reasonable, say, 14 or 21 days). If you fail to get a response or a solution you can then escalate this to their regulatory body (who can't intervene, but might issue a fine) via the government gateway at this link:

https://www.gov.uk/complain-about-insol ... actitioner

[my]

The reply to my email, asking to talk to my IP, comes as follows:

Good afternoon,

Thank you for your email.

Unfortunately that will not be possible as IP's do not deal directly with clients.

Any enquiries must go through customer service where you can be transferred to different departments however you will not be able to talk with your IP.

Kind regards,

Customer Services Team Creditfix

I kind of remember that somewhere I read that I have the right to talk to my IP personally, or I can go to a higher instance and make a complaint? What do you recommend?
It's strange also as this email comes after I got two emails from my IP personally, am waiting for his reply to my last to make a decision. However, the next day I got three phonecalls from three different people and offices at Creditfix (they were all missed calls and asked for a call back - 3 calls within 2 hours or less, when my phone was out of battery). I feel there is little consistency, a lot of confusion, no transparency​ with this company .. ? Is this normal?
I was about to file a complaint when I finally got an email from my IP, saying I could reduce to 144 instead of 170, or to 120 but with an extension of two years. Or he would have to meet with the creditors and see what they will accept. (do they really go to meet with all my creditors?? how does that work?) and the outcome might be that they refuse. I asked another question, a week ago, and had no answer from him since then.

I am afraid there is very little avenue open to us debtors for mediation and resolution --- which is something I am trying to get looked at ( though hold little hope of making any impact).

I can only suggest that you write to your IP -- by traditional recorded mail, addressed to him / her by name,-- keeping copies, to lodge a formal complaint. Give a set timescale for a response (has to be reasonable, say, 14 or 21 days). If you fail to get a response or a solution you can then escalate this to their regulatory body (who can't intervene, but might issue a fine) via the government gateway at this link:

https://www.gov.uk/complain-about-insol ... actitioner

[Foggy]

There are a couple of firms who will not allow direct access to the IP -- which I think is an absolute disgrace that someone who is in the position of supposedly helping his or her clients is so far up their own behind as to refuse to sully themselves by talking to those who provide their income.

Regarding the meeting --- no, they do not actually meet face to face. They circulate a proposal by mail and get votes back the same way, although a creditor would be entitled to appear in person should they feel so moved.

[my]

There are a couple of firms who will not allow direct access to the IP -- which I think is an absolute disgrace that someone who is in the position of supposedly helping his or her clients is so far up their own behind as to refuse to sully themselves by talking to those who provide their income.

Regarding the meeting --- no, they do not actually meet face to face. They circulate a proposal by mail and get votes back the same way, although a creditor would be entitled to appear in person should they feel so moved.

Thank you! so a couple of firms and I got one of them! pot luck!
What do you recommend I should do?
Should I tell them that I will complain if this cannot be solved with ONE person that actually knows my case and doesn't act like Little Britain computer says no ... ?

[Foggy]

The problem is that the only people you can complain to won't actually do anything! The regulatory bodies are basically there to ony issue a slap on the wrist or a monetary fine (which they keep). You will get no resolution! However, the possibility of a fine sometimes makes an IP re-think. I am currently trying to raise a petition to get this looked at (have a look here: new-petition-please-sign-f145-t84013).

[Foggy]

Given the fact that you cannot make even the proposed reduced payment, you could risk all and ask to go to the creditors asking for a F&F based on payments made to date, or a reduction to an affordable level. The risk here is that they will simply say to fail the arrangement and all will go down the toilet. However, if you cannot pay then the thing will fail anyway! Rock and a hard place !

[my]

Given the fact that you cannot make even the proposed reduced payment, you could risk all and ask to go to the creditors asking for a F&F based on payments made to date, or a reduction to an affordable level. The risk here is that they will simply say to fail the arrangement and all will go down the toilet. However, if you cannot pay then the thing will fail anyway! Rock and a hard place !

I was told that if I miss another payment the IVA will fail and all the creditors will come after me again with increased rates/interest etc .. and what I have paid so far is NIL.
Is this correct?
In the case I ask for them to have that meeting to try and reduce payment but the request doesn't get accepted will it just go back to what it is now, is there room for negotiation, or will the IVA fail automatically? I mean, can on ask and if refused, offer a higher monthly repayment (but lower than it is now)?

[Foggy]

They can stop the IVA failing because of a further missed payment by formally agreeing a payment break -- but they do not seem to be trying to help at all !

Yes, if the IVA fails the creditors will add back lost interest and can then enforce the debts again. Most of the money paid over in the early part of an IVA goes towards the IP's fees before anything goes off the debt.

In your circumstances it is all or nothing really. You would be expected to make your best offer and the alternative would be to fail the IVA --- you cannot say "I can't pay, but if you reject, I will pay!".

If the IVA does fail you could then re-consider your options, maybe a DMP while you recover and regroup (assuming the creditors will play ball), another IVA with a more sympathetic firm ( again the creditors will need to be convinced with the new IP explaining the circumstances of the failure), or, if you have no assets to protect or career to protect, maybe even bankruptcy.

[my]

They can stop the IVA failing because of a further missed payment by formally agreeing a payment break -- but they do not seem to be trying to help at all !

Yes, if the IVA fails the creditors will add back lost interest and can then enforce the debts again. Most of the money paid over in the early part of an IVA goes towards the IP's fees before anything goes off the debt.

In your circumstances it is all or nothing really. You would be expected to make your best offer and the alternative would be to fail the IVA --- you cannot say "I can't pay, but if you reject, I will pay!".

If the IVA does fail you could then re-consider your options, maybe a DMP while you recover and regroup (assuming the creditors will play ball), another IVA with a more sympathetic firm ( again the creditors will need to be convinced with the new IP explaining the circumstances of the failure), or, if you have no assets to protect or career to protect, maybe even bankruptcy.

In the 2 emails that I mentioned from my IP he said they could reduce to 144 with no change or to 120 with 2 years added to the IVA or go into a meeting and see what happens. What is not clear to me is if they do the 'meeting' and the creditors refuse, say 100£, can I then say ok 144? (I will just have to find it somehow - hopefully I'll be able to earn some more money soon).

[Foggy]

In the £144 scenario I assume they are relying on the discretion they are usually granted to be able to reduce by up to 15%. I am concerned about the "£120 and extend by 2 years", as this would, I feel, need to be run by the creditors (who could refuse) -- I could be wrong, by my fear is that the IP would be acting outside of the agreed terms. Just rings a few alarm bells.

What happens if the creditors refused, say £100 and whether you would be given the chance to come back with an "OK, I will live on beans and try £140" offer would depend upon how the proposed variation was worded along with the help and support given by your IP ( which seems to be nil). I imagine CF would present it as a £100 or nothing (fail) scenario.