Hi my husband unhappily entered into an IVA

[MelanieGiles]

Not only odd, but very poor client service. It is only a reckless IP who allows an IVA to proceed without their client's express written agreement to modifications, and several who have not done so have literally paid the price.

Don't continue with an unworkable arrangement which you cannot afford. Instead look to see whether other options are now more palatable.

[Cybus]

Thanks for all your comments, once the meetimg had been held they told us verbally the outcome of the meeting but were not told that we could still withdraw the proposal. We never signed the amendments and sent them back although we did try and at least make some payments as we were under the impression given to us by the IP that once it had gone to the meeting and been approved if the iva failed he would automatically be declared bankrupt. Although now we know that this is not the case.

I believe this is an issue that needs to be properly addressed by the IP

I have looked at their website. They say that in the unlikely (A bit smug if you ask me) event that you have a complaint you should contact 0845 296 0300 and ask for details of the complaint procedure.

You're going to have to document your experiences regarding the run up to the creditors meeting and if possible you should give details of every telephone conversation that you had and with whom. Do you know precisely when you contacted them to advise them that you lost your job and do you know who you spoke to - who advised you that there was effetively no turning back?

What I would suggest is that you do not get drawn in to long telephone conversations with someone, who'll try to sweet talk their way out of the problem. It would therefore be better if everything was dealt with in writing, whether that be letter or e-mail. If it's in writing, there can be no element of misinterpreation of 'He said this and she said that' - it's in black and white. If it's a standard complaints procedure, you'll get a holding letter saying a full response will be forwarded to you in a number of days. When you get that full response, if you are unhappy with it respond and request they furnish you with a receipts and payments account as at that date. If they ask what it's for, it's for the licensing body.

I'm not one of those people who advocates fannying around (Technical term [:)]). In my opinion this is a serious matter as the only one to have benefitted and most likely profitted, from this IVA is the IP.

When you do not get a satisfactory answer to your enquiry (Because unless not all facts have been presented here, I believe you won't get a satisfactory answer), the next step is the licensing body.

You should find their details on the letterhead of Clearstart.

I would forward the exchange of correspondence with the IP to the Licensing Body with a letter summarising what has happened. You will need to be absolutely crystal clear on the advice that was given to you at the outset, if there was definitely no mention of your alternatives given your financial position, then that fact has to be relayed to them. Similarly you have to be absolutely clear on the advice that was given to you in the run up to the day of the creditors meeting. Your case weakened because you have made payments to the Supervisor after the meeting. You may have done so with good intention but if the intention to withdraw was there, payments should not have been made. That's why you have to be clear on what happened in the run up to the meeting.

What happens thereafter is down to the Licensing Body. I wouldn't hold out the hope that you will get money back though as I don't think that will happen. I would be interested to know the outcome of this though as I don't believe a licensing body would be happy to hear of one of their licensees not following practice guidelines.