Have I been missold my IVA?

Get expert opinion. This is the place for new questions to be posted.
24 posts Page 2 of 2
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Mon Aug 10, 2009 9:38 am
We also have the debtor sign the options discussions documents or the IVA does not go to creditors. Unfortunately, given the society we live in, it is vital to have these documents on file. There are numerous law firms out there who have sued over bank charges, payment protection policies, endowments etc who will be looking for new targets in the future.

Misselling of IVAs has been mooted as the next legal case and if the IP does not have signed documents on file, it is the client's word against the IP as to what was originally discussed at a meeting possibly years before. If other IP firms do not have these documents on file it could be a problem for them in the future.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Skippy

User avatar
Posts: 20706
Joined: Sat Oct 21, 2006 6:08 pm
Location: United Kingdom

Post by Skippy » Mon Aug 10, 2009 10:51 am
I know it was a few years ago, but I never had anything like that. I originally spoke to Thomas Charles, who told me I didn't want to go BR and they told me what figures I could put down. My case was then passed to Accuma, and when I queried the figures they told me not to worry and I wasn't even told I could speak to my IP.

Although I was sent a booklet to read and sign, at no point were IVA, DMP or BR explained to me, and as my head was all over the place it would have been nice for someone to explain it to me. Sometimes things don't sound as scary if someone explains them to you as they do when you read them.
 
 

kallis3

User avatar
Forum Expert
Posts: 77157
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Mon Aug 10, 2009 1:49 pm
I'm sure that we had to sign something as well once we had received the phone call explaining all of our options.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Sensible77

User avatar
Posts: 625
Joined: Wed Apr 18, 2007 11:38 pm
Location: United Kingdom

Post by Sensible77 » Mon Aug 10, 2009 6:55 pm
Payplan sent me an R3 document which explained what I was entering into and I had to sign it and send it back. Here is a link to the document
http://www.gregorypennington.com/IsanIVArightforme.pdf
 
 

MelanieGiles

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

Post by MelanieGiles » Mon Aug 10, 2009 8:30 pm
This is not the same as signing propert meeting notes confirming the advice given and the reasons why you decided on a particular course of action. Those booklets have to be handed out regardless.

Is this all Payplan did to confirm your decision, Sensible77 - or were there other papers you signed?
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

User avatar
Forum Expert
Posts: 77157
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Mon Aug 10, 2009 8:38 pm
I'm sure that was al we had as well Melanie other than the proposal. I don't remember signing anything else.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MelanieGiles

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

Post by MelanieGiles » Mon Aug 10, 2009 10:00 pm
SIP 3 clearly stipulates that detailed notes of discussions about options must be kept, so I am suprised that this has not happened in your case Jan - but so long as you are happy with your choice all is well.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

User avatar
Forum Expert
Posts: 77157
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Mon Aug 10, 2009 10:02 pm
We had a phone call to make sure that we knew what we were doing, and the R3 form and that was it.

We are happy with them at the moment.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Sensible77

User avatar
Posts: 625
Joined: Wed Apr 18, 2007 11:38 pm
Location: United Kingdom

Post by Sensible77 » Mon Aug 10, 2009 10:48 pm
Mine went exactly like kallis3's. The only other document I can recall signing apart from the R3 was my proposal.
24 posts Page 2 of 2
Return to “Ask IVA Forum and Industry experts”