IVA can't conclude because of legal dispute over VAT ?

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Charles.pp

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Post by Charles.pp » Mon Sep 26, 2011 8:18 pm
although all my claims are in and 100% is being paid to them i am told by my IP that they cant conclude because of a legal dispute over vat and iva s can anyone explain
 
 

Foggy

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Post by Foggy » Mon Sep 26, 2011 8:33 pm
There has recently been a case where it was ruled that VAT is not chargeable in IVA's and the sums should be paid into the pot for the benefit of the creditors.

Many firms are closing as normal, however some have held up closures until the finer details have been sorted.

Have a look here; http://www.iva.co.uk/forum/topic.asp?wh ... 391#395324
Last edited by Foggy on Mon Sep 26, 2011 8:35 pm, edited 1 time in total.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

luluj

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Post by luluj » Tue Sep 27, 2011 5:48 am
I would continue to press for closure - it is unfair for individuals to be kept waiting as it will not be removed from your credit report or marked as satisfied until the certificate of completion is received - likewise you will stay on the insolvency register longer than needed.

I know some firms have chosen to continue to close cases and deal with any issues later.

As you are paying 100p back in the £ then it may be that there will be some money heading your way !
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plasticdaft

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Post by plasticdaft » Tue Sep 27, 2011 7:21 am
The vague world of IVA firms. Some are still concluding iva's and others are refusing to thus holding on to the chance to snatch any windfalls!!!

Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
 
 

oscar

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Post by oscar » Tue Sep 27, 2011 9:45 am
which company are you with Charlespp? Maybe they have a representative on this forum who can help you.
Oscar
http://rollercoaster.blogs.iva.co.uk/

need to smile today? go on check out my blogs - I'll add to them regularly
Our IVA's over YIPPEE unbelievable!Seems like yesterday it was approved despite everything
 
 

loopfish

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Post by loopfish » Mon Oct 10, 2011 2:04 pm
I am experiencing the same issue with Tenon...
completed IVA several months ago, now they say "all closures are on hold pending the outcome of this VAT dispute"....
I asked why my paperwork has anything to do with their fees and the VAT they pay on them, and they claim it is because once the IVA is closed off, they would have no way of getting VAT back on them (if the decision went that way)..or something like that!
 
 

Adam Davies

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Post by Adam Davies » Mon Oct 10, 2011 3:35 pm
Hi
I think that this is out of order.
Your IVA and life should not be put on hold because of a change in the VAT accounting for IVAs.
We need clarification regarding this issue

Mel, what are your thoughts ??

Regards
Andam Davies
 
 

Foggy

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Post by Foggy » Mon Oct 10, 2011 6:01 pm
Mel is continuing to close cases as normal, Andy. I posed a question in another thread (as yet unanswered) asking what our "resident" IP's were doing regarding VAT and closures. I am aware that a couple of firms ( for the life of me, can't recall which ones) did put closures on hold, but, after hearing via this forum, that some firms were still closing, took advice and resumed closing.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

loopfish

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Post by loopfish » Mon Oct 10, 2011 9:34 pm
I am being told an outcome is "several weeks, but not months away", and that Tenon only have a team of a couple of people to work through a backlog of "500" closures...

I was not happy to hear about this, as you can imagine, and I pressed Tenon to explain why exactly I should suffer because of their VAT issues, after having paid my side of the agreement, but was just given a "don't call us, we'll call you" attitude...

I need my closure paperwork, and don't need to have a reason why, and feel I shouldn't be held up like this to get it.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Oct 10, 2011 11:22 pm
I had thought that RSM Tenon had got the go ahead to close their cases. For me - it is business as normal. Initial indications from our regulators are that VAT reclaims will not need to be processed if the cases are closed, so perhaps some IPs are clinging onto the fact that they may get a share of any windfall returned. No-one has said stop closing cases, so far as I am aware, and the advice I received from our specialist advisors was to close as many as you can. I don't like completed cases hanging around - it is not good for our clients and not good for our firm. Until creditors put me on notice that they do not wish cases to be closed, I will continue although we are all awaiting Counsel's opinion one way or the other.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Charles.pp

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Post by Charles.pp » Tue Oct 11, 2011 1:49 pm
People keep talking about the IPs hanging out for part of a windfall.What do they actually mean.
MelanieGiles wrote:

I had thought that RSM Tenon had got the go ahead to close their cases. For me - it is business as normal. Initial indications from our regulators are that VAT reclaims will not need to be processed if the cases are closed, so perhaps some IPs are clinging onto the fact that they may get a share of any windfall returned. No-one has said stop closing cases, so far as I am aware, and the advice I received from our specialist advisors was to close as many as you can. I don't like completed cases hanging around - it is not good for our clients and not good for our firm. Until creditors put me on notice that they do not wish cases to be closed, I will continue although we are all awaiting Counsel's opinion one way or the other.
 
 

luluj

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Post by luluj » Tue Oct 11, 2011 1:53 pm
it really is unfair for those that have finished paying to be left hanging - you cannot move on with your lives fully until you have the certificate in your hands, and the insolvency register line removed!

I know it was only when i got my certificate that I really breathed a sigh of relief and only then did we look to spend our IVA amount on other things -we saved the three payments in between making our last payment and the certificate arriving just in case we were told we had not finished - it is so unfair to have come this close and be kept hanging !
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
 
 

sponge

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Post by sponge » Tue Oct 11, 2011 2:11 pm
That as they say is not your problem. Wtite to them and tell them that it is unacceptable unless your recieve a satisfactory response you will start a formal complaint to the FSA or the FSO check with with either authority which is the most appropriate
 
 

sponge

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Post by sponge » Tue Oct 11, 2011 2:16 pm
That's interesting under what circumstances does a creditor have the right to prevent closure?

PS that's an assumption that IP's are regulated by the FSA?
 
 

oscar

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Post by oscar » Tue Oct 11, 2011 2:50 pm
charlespp and loopfish this must be so frustrating and I hope you get it sorted out. I could not cross our completed IVA from my mind until we received our end certificate.

Does anyone know, is there a RSM Tenon representative on this forum who can help with these 2 cases?

Also, Charlespp and loopfish I'm thinking that if you mention the forum in making your enquiries and say you have requested advice on here that this may help speed things up? It's worth a try. Best wishes

Oscar
http://rollercoaster.blogs.iva.co.uk/

need to smile today? go on check out my blogs - I'll add to them regularly
Our IVA's over YIPPEE unbelievable!Seems like yesterday it was approved despite everything
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