is there any redress I can take.

[clifford.f]

I began an Iva in Nov 2003,I asked for an early settlement as I was due a lump sum from a pension.The IP gave me a figure and stated that the creditors were happy and once he ahd received the lump sum payment the amount would be distributed and i would receive a certificate.I sent the amount asked and cancelled the S.order as instructed and started my life again.three weeks later i receive a tel call from the IP saying he had made a mistake and I needed to send him another £8.900.00p to settle it. I now do not have this type of money. can an IP do this,or is there any redress I can take.

[catullus]

If I was you I would take legal advice on this one.

If the facts that you have recounted are correct then, in all liklihood, your IP has made a big mistake. If you try to deal with this on your own, the very relationship that you have with your IP will put you on the backfoot whereas if you have legal representation you'll know exactly what your rights are.

Chances are that the IP will have to make good any damage out of his own pocket AND pay your legal fees, if the facts that you have explained are correct.

[MelanieGiles]

This is a strange one! Surely your IP would have enclosed a comparison outcome statement with his/her variation report, so how has this error occured. Read through the variation report to see where things have gone wrong, and ask your IP for a full explanation of his original figures and comparatives now - I suggest that this is done before seeking legal advice.

If the IP has made a mistake - it is down to him to put things right.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[clifford.f]

Thank you both for your replies. I had originally requested the settlement figures some months before in writing.They confirmed that they had received the letter but were very busy.I then sent a chaser e mail and the IP telephoned me and then e mailed me the figure which was very exact down to pence. I never received a report.but he assured me that the figure was correct and the creditors would be happy with the amount.I have since received a schedule of their fees and amounts required after being told he had made a mistake. But I will now request the original report and figures, but I have a horrible feeling he won't provide them. I will keep you posted.

[MelanieGiles]

Apalling that you were not provided with a copy of his report to creditors. If your IP assured you that the figure he gave you was correct, then he must now pay for his error.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp