I was previously with a debt management company called Bains & Ernst who I was paying for nearly a year, though due to the number of telephone calls i was receiving from creditors, they recommended an IVA & promised protection from creditors. My IVA started in June 07 & I made three payments to Blair Endersby & in August 07 and I was still being harrassed by creditors every single day!! I contacted Blair Endersby & informed them nearly everyday that I was being harrassed. Due to the stress I looked into Bankruptcy and in the September I told them enough was enough and I was going bankrupt. Blair Endersby then harrassed me for the following 2 months demanding my payments, and when they realised they were getting nowere, in the November, they then tried to sell me their bankruptcy package!! I then told them, that I would go bankrupt myself and asked them not to contact me again. I received a failure report & not once did it mention fees. Earlier this year my father got some inheritance & prevented my bankruptcy and cleared all my debts off for me. On the 8th October 2008, I was angry that Blair Endersby who I had not spoken too for nearly a year, had the cheek to instruct a debt collection company called Cardinal Captial who I have telephoned about 50 times and appear to be getting nowhere, which is so frustrating as all there concerned about is getting a payment out of me!! I had to telephone Blair Endersby numerous times and ask them for a copy of the contract, as they state that in the event of a failed IVA that they would proceed for reasonable fees.
Would you say that nearly £3k for a couple of months work is reasonable fees? i.e sending a couple of letters out and organising a meeting of creditors.
Hey matty, welcome to the forum. Sounds like you've had a tough time but glad your father helped you out. Blair Endersby post on here sometimes so they may pick up on this thread. Please hang in there and I'm sure one of the Melanie's will advise you.
It is possible that you are liable for fees due to Blair Endersby and the extent of that liability will be contained within a number of documents - the original IVA Proposal, the Chairman's report of your creditors meeting (which will include details of any modifications to the original proposal) and any Engagement Letter that you may have signed when you commenced the IVA process. I would guess that the £3,000 covers work done both in the Nominee period (in the run up to the approval) and also for the Supervisory period. It is likely that the Nominee Fee was for a fixed sum but the Supervisory fee could be on any number of basis and you will need to check this again with the documents I mentioned earlier. If the fee basis refers to time costs/time spend than you are entitled to review those time costs to see whether they are reasonable having regard to the particular circumstances of your case.
I apologise if this seems rather longwinded, but the best advice I can give would be for you to contact your original IP/Supervisor and ask him/her to explain the full position to you. Make sure you speak to the actual IP/Supervisor.
Thank you for your reply. I know its been awhile since I last posted on here, but since my last post I have requested a subject data request from Blair Endersby which was requested back on 15th November - I'm still waiting and have not heard anything back from them what so ever!
I telephoned Blair Endersby around the 20th November 2008 and they confirmed receipt of the request and informed me that I should receive the information within the next few weeks? I'm still being harrassed by their debt collection firm (Cardinal Capital) who despite my letters informing them that I'm in dispute, don't seem to understand and have sent me threatening letters. I have seeken advice from a friend (who works in the debt collection industry) and he has informed me that Cardinal Capital have as he put it "broken the rules" - please can you confirm.
My friend also informed me that Blair Endersby have breached as they never wrote to me informing me of the debt & just to remind you that the first I heard of the 'so called' debt was from Cardinal Capital a year after I paid my creditors my self! Also, Blair Endersby never wrote to me inform me that they had passed the debt on - which I'm told is another breach. I'm growing tired of Cardinal Capital constantly phoning and sending me letters when they know I'm waiting for the subect access request and I'm sick of the arguments I have with them.
Overall looking back, I wish I went bankrupt because I feel as though I'm being penalised for doing the honest thing and paying my debts off in full myself - Blair Endersby did NOT help me one bit and also for your info, I have spoken to two of my creditors who confirm that they NEVER received notification or any correspondence of my IVA or the meeting of creditors and I have requested a subject data request from them as well.
Apologies for going on, I will take your advice and contact Blair Endersby by email today and will try and speak to the IP/Supervisor (as per message above).
There is a representative from Blair Endersby who posts on the forum, and does seem to have a good success rate of dealing with client complaints. Hopefully they will be on line later on to try and help you.
The Blair Endersby rep did ask you to email him way back in November on the address supplied in his post on this thread.
Can I suggest that you do contact him on that address?
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
This is a worry to me, as I am with the same company & I have looked through ALL my paper work & I cant find anything that states I would owe them any thing if my IVA failed.
Though I was firstly contacted by Bains & Ernst as I filled in one of those on line things on the web site. And was passed onto Blair Enderesby (sister company) their IVA company. Whats confusing is, they got us to sign a form of agreement for Baines & ernst & then was passed onto the other. Then had more paper work to sign with Blair E? On the Baines & Ernst form there is ALOT small print.
If my IVA failed I am now wondering if I too would get further charges - which obviously I would never be able to pay? - sorry I waffled again! I dont intend to fail - but just worry to much about these things!
Final IVA payment made in April 2013, never ever thought we could do it or get through it but we did! X
An IVA.co.uk Mentor is someone sharing from their experiences of dealing with debt
I am sure that they would have no right to charge you anything else if the IVA failed, Lynsey - but hopefully the Blair Endersby rep will be on line shortly to confirm this.
Thanks Melanie - I just worry! I have yet to get in touch with BE from a previous thread. Just have not had the time to sit and email them yet.
Currently getting ready to move house as I have talked about before in previous threads - but landlord & their estate agent are visiting alot with future tenants. I am only having a quick visit to this site while the kids are playing.
Final IVA payment made in April 2013, never ever thought we could do it or get through it but we did! X
An IVA.co.uk Mentor is someone sharing from their experiences of dealing with debt
