debt matter!!! help me out please!

5 posts Page 1 of 1
 
 

-PR-

User avatar
Posts: 4
Joined: Thu Jul 19, 2007 9:05 pm
Location:

Post by -PR- » Thu Jul 19, 2007 9:32 pm
Hello,

I have a bit of a dilemma and hope somebody, other than my IVA company, will be able to offer some advise.

I have been in an IVA agreement for just over a year with a company called debt MATTERS. In their original proposal, they quoted that my monthly repayment would be £145 for the term of the agreement, which suited me down to the ground and was an affordable amount to repay. They even set up a direct debit for the amount of £145 for me so I proceeded.

A few months later, I recieve a letter from them saying I'm in default and that I haven't been making the proposed repayments of £245! I of course disputed this only to be told there was a "typing error" in my proposal and that I'd have to catch up on the payments. I essentially told them where to go as they had given me, in writing, a proposal of £145 and had set up my direct debit for this amount. This was done over the phone and followed up with a letter. Then I heard nothing.

A few months later, I get another letter, stating the same thing. I'm in default and should be paying £245. Again, I disputed this, giving the same reasons as before and express my dismay that they have agreed a price and are now hounding me for more money. Much like a creditor actually. I sent evidence of the letter sent to me to prove what they had sent to me.

There was a yearly review done recently, again constantly mentioning the arrears. And then this morning a letter arrived stating that I have breached my terms of agreement & a "notice of breach" will be issued in the near future and that the IVA will continue on it's original terms.

Now, my question is this. Who the f*ck do I complain to?! The FSA don't deal with individual complaints so I don't really know where to go. The company don't seem to pay any attention and refuse to accept responsibility for thier error in the "typing error" mentioned earlier. I am not in default and have kept to the agreed payments of £145 as agreed, in writing, and have never missed a payment.

I'm so pissed off with the company, I feel like stopping the direct debit and just not bothering. Maybe bank ruptantcy would of been better since I have no assets to sell/be claimed from.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Thu Jul 19, 2007 10:03 pm
You can complain to the IP personally, or to his or her regulatory body if you get no joy with that. An IVA would never have worked for £145 per month - there has obviously been some confusion, no doubt heightened by the fact that I doubt you have ever met or been advised by anyone from this firm.

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

-PR-

User avatar
Posts: 4
Joined: Thu Jul 19, 2007 9:05 pm
Location:

Post by -PR- » Fri Jul 20, 2007 8:26 am
Your right, this was all done over the phone and via written correspondence. There are some companies mentioned at the bottm of the letter such as the Insolvency Practitioners Association. Are these the guys i need to get in touch with or do i need to contact Mark Prieaux the supervisor. He sends the letters but never signs them himself.

I am in the right here so I don't want anything like a notice of breach entered on the IVA!!
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Fri Jul 20, 2007 8:45 am
In fairness to your IP you must notify him of a complaint first. And also check your paperwork. If you signed a proposal saying the contributions were to be £245, then your argument may be weak. You will then have to prove under the "I said, he said" rules.

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

Chris.z

User avatar
Posts: 124
Joined: Wed May 16, 2007 12:28 am
Location:

Post by Chris.z » Sat Jul 21, 2007 9:31 am
I have had nothing but trouble with Debtmatters... they are completely a profit making firm. As Melanie alluded to I have never actually met my IP, everything done over the phone , numerous innaccuracies with the paperwork which were never amended. And they actually recieve more money than my creditors!
5 posts Page 1 of 1
Return to “IVA postbag for july”