Everlengthening IVA - Ombudsman Response

[Skippy]

Watchdog might do it anonymously

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[tracy.h]

Hi Chris im so angry at how you have been treated,i wish there was something we could do that would get you the justice you and your family deserve.it must seem you are fighting a looseing battle but there must be something you can do,we have rights.
I have been touring the website but cannot find anything that is of any use. I can understand you don't want exposure but maybe rather than paying court costs you should try as DDsays one of the papers,or watchdog it would certainly put the cat amoungst the pigeons,and save others the same fate as yourself.I really do hope the ipa can offer some kind of help.

Tracy

[MelanieGiles]

Chris

Your legal recourse is via Section 263 of the Insolvency Act 1986 - and referring to Statement of Insolvency Prctice 9 which deals with office holders fees.

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

[chris_]

Thanks Melanie,

I will have a good look at that, especially in light of the reply I have just had from the IPA which reads :-

As one of the professional bodies authorised by the Secretary of State to regulate insolvency practitioners and, as your IP's authorising body, we are not in a position to provide you with advice or assistance and I am afraid the suggestion that we become involved in the way you have described was misguided. If the matters fall outside of our complaints procedure then all I can suggest is that you seek independent legal advice on the possible remedies available to you. Whilst I recognise this has cost implications, seeking our involvement is not a substitute for the remedies available through the Courts.



We cannot award compensation or intervene in case disputes (including fee disputes) as these are issues that are properly resolved through the Courts. I am sorry we cannot help you in this regard but please be assured that we will bear your concerns in mind when monitoring your IP's position as one of our practitioners.

That about says it all doesn't it.

[chris_]

Hi All,

I have just read through sip9 and section 263 of the insolvency act and I hope what I have deduced is wrong - If you read through them you find that everything is broken down into the various different types of insolvency.

In each of these areas there are details of who can apply to the courts and for what, including examination of fees - EXCEPT in voluntary arrangements.
The rules that IP's should follow with regards charging of fees and record keeping are laid down, but there is no mention in voluntary arrangements of what can and can't be done if these fees are thought to be too high - unlike in bankruptcy or administration where there are clear guidelines.

I hope I am wrong, but I now need to find out if I am or not - I need an expert in this aspect of insolvency law - does anybody know of one ?

I just cannot believe that in this day and age there is no recourse available to me over these fees.

Chris.

[tracy.h]

It seems strange that we don't seem to have any legal protection against this situation,it seems that some ip's are well and truly a law unto themselfs,and can do what they please regarding fees.
I hope Chris people reading your story will be warned,and learn from your experiences. I really do feel your frustration.
I don't know if this is in Storms field but would be interesting to see if he had any advise,or any one reading this thread who has knowledge in insolvencey laws could give you some free advise.

[Skippy]

Your story has made me so angry Chris. We keep hearing how wonderful IVA's are, how much debt they can write off etc, but there is nowhere to turn when things go wrong. Don't get me wrong, IVA's are are life saver for some people, but as usual there are unscrupulous companies who give the good guys a bad name. I wish you all the luck in the world as you really deserve a break - you are doing everything you can, and you can hold your head high whatever the outcome. Your family must be very proud of you, and don't forget we are all here on the forum to support you. Good luck x

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[scaredkez]

i agree with you skippy, i was told the same thing by the IPA when i complained about synergi re the costs that i had paid up front, i am so sorry chris , i hope you get some good news soon and can get this whole sorry mess sorted for yourself.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[Adam Davies]

Does make you wonder what powers the IPA actually has if they can not challenge fees ??? Maybe it,s only the creditors that can actually do this,afterall they ARE the ones that are paying the IP.
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

[MelanieGiles]

But not in Chris's case Andy!

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
Yes a very good point as Chris has paid 100 percent.

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_]

It seems to me that the IPA is a re-active organisation rather than a pro-active one.

Their own figure for investigations of IP's indicates as such.

In other words they only want to get involved when there is a serious breach of the legal process of administering an IVA. They are not interested in 'minor' infractions, regardless of how many there are.

Chris.

[welshman]

to pick up on Andy and melanie's point about the IP being paid by the creditors, I would argue that it is the debtor paying the IP not the creditors as they are paying the IVA. The creditors are simply getting back less than they loaned out. I put this point forward to the the ASA and they agreed with me and made Debt Free Direct change their adverts as they said "it won't cost you a penny" which it obviously does.

[Adam Davies]

Hi
If you are offering a 100 percent dividend in an IVA then you are indeed paying the IP yourself,however in nearly all cases it is the creditors that take a reduced dividend to pay for your IP.Remember in most cases the creditors will be writing off many thousand of pounds at the end of the IVA so which ever way you look at it it,s the creditors that lose money in an IVA.
I fully agree with you regarding the advertising of IVAs ,i think we still have a long way to go.
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

[MelanieGiles]

And the debtor would pay the same contribution into the IVA whether the IP was being paid or not - so soryy, I still feel it is creditors who pay.

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