Everlengthening - End Game ?

[chris_]

Hi All,

Just thought I would let you know where we are up to now in my long running saga!

With the failure of the IPA to do anything and the financial ombudsman not being able to do anything I was left in a quandry.

My wife has, as usual come up trumps and has managed to raise the 5K that my IP is demanding to finally settle my IVA(or should I say his fees!) so at least that will be shortly out of the way.

But, we are determined that we will try and take this further due to the obvious abuse of the time costs, and we are having a meeting with an insolvency solicitor just to find out if anything could be done based on the facts of our case. (This is a couple of hundred quid well spent to at least reveal our actual legal position - I need to know or I will forever wonder).

At that point we shall see if we can get legal aid to pursue this, or wether we accept that we have been screwed and get on with the rest of our lives.

And yes I am still angry and will be for some time to come.

Chris.

[Qikichi]

Hi Chris

I really hope you get some justice. It is horrendous how you have been treated.

Chiri

[ivoriva]

Hi Chris - Seems the right thing to do in a way, that is to pay up and get yourself out of the IVA for now, and fight with vigour to claim some of those charges back through the courts. It would be even harder if they failed your IVA and you had to deal with the creditors as well as them & their charges.

I hope the solicitor will find some answers for you. Do let us know how you get on, and the best of luck with your future claims.

[ray_a]

At the moment Chris i have a different problem but do feel for you!

I guess if people want to behave badly as I am facing at the moment there is very little one can do!

Worth looking at it from the legal point though lets keep hoping!

[MelanieGiles]

Make sure that you keep us informed of progress - particularly the advice your solicitor gives you.

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

[Adam Davies]

Hi Chris
If I was you I would pay the cash to settle the IVA[just make sure that it is clearly in writing from your IP that this payment will conclude your IVA] and then pursue the charges issue.
Did the financial Ombudsman not want to know ?
If the IPA and the FO can,t get involved regarding fees then where does Jo Public go to make sure that they have been treated fairly ??
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[chris_]

Hi Andy,

The financial ombudsman can only get involved with issues that occur after 7th April 2007, and not before.

Anybody with issues before this date, particularly with regards to fees (like me and you) are basically on their own - and my IP knows it and this explains his 'couldn't care less' attitude.

Anyone in this kind of situation will need to take litigation action through the courts, with all the risks and costs that entails.
If you are in, or have just come out of an IVA you are not going to have the money for a court action of this nature and so it is virtually impossible to stand up for yourself - and my IP knows it!

The only way you can undertake court action is via legal aid, and this is no longer a straightforward issue either due to recent reforms - we are not sure at this moment in time wether we will qualify.


Chris.

[ivoriva]

You could try writing to your local MP...