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

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Adam Davies

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Post by Adam Davies » Fri Mar 09, 2012 11:22 am
Hi

Good to see common sense and compassion prevailing over commercial factors

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Andam Davies
 
 

kazzafunk

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Post by kazzafunk » Fri Mar 09, 2012 12:28 pm
A big pat on the back to McCambridge Duffy for that decision. I wonder if others will follow suit and alleviate the stress being caused at present.
Kazza

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IVA completed 21/03/2012
 
 

helenwaters

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Post by helenwaters » Fri Mar 09, 2012 3:28 pm
I am awaiting completion too as of September 2011.My company Varden Nuttall are having a meeting this month regarding the VAT issue.I received a letter this week with regards PPI's.This was originally brought to my attention in October 2011 and i told them i had none.Varden nuttall accepted this in December and said they would start completion.I rang Varden nuttall about this letter to be told i must have a loan with PPI that Richardson Mail Solicitors have found and are looking into.I contacted the solicitors and was asked if i had PPI's to which i said no and the lady told me they would contact the banks to check and if not the case would be closed.This apparently takes 12 weeks in order for the banks to reply.Now i am looking at waiting to around May/June time what with VAT and now this.Its so frustrating as we are now in our sixth month.Its taken 5 months to investigate ppi's too.Surely this cant be right!.
 
 

Michael Peoples

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Post by Michael Peoples » Fri Mar 09, 2012 3:54 pm
The IP can only extend the IVA for a set period depending on the terms and conditions. You need clarity on this so speak to your IP and find out what is going on.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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loopfish

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Post by loopfish » Fri Mar 09, 2012 4:13 pm
Melanie & Michael,


the latest line I am being fed by Tenon (who have so far prevented me from speaking directly to my IP - Gillian Wrigley - through avoidance tactics since the first time I asked to speak to her) is that they have submitted their claim for VAT back in December, but haven't had confirmation of receipt of that claim yet.

December.

It is now March.

I am being kept on the insolvency register unnecessarily for almost a year after paying off my IVA.
I am obviously fuming at this slack attitude Tenon have consistently demonstrated, and am at breaking point...

Would someone from Planet Earth confirm to me why it would take 3 MONTHS to obtain confirmation of receipt from HMRC, and why I shouldn't write to the FSA ombudsman?

Sam
 
 

Michael Peoples

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Post by Michael Peoples » Fri Mar 09, 2012 4:19 pm
I can totally understand your frustration but cannot answer for HMRC or Tenon. They cannot stop you from speaking directly to your IP since your contributions pay her wages. Perhaps put in a formal complaint to Tenon rather than taking it outside just yet.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Foggy

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Post by Foggy » Fri Mar 09, 2012 4:32 pm
Hi -- as frustrating as this all is the speed that HMRC resonds is entirely in their court ... from experience, 3 months is but a grain of sand on a large beach! Added to which the previously slow HMRC is now at half strength !!!

Regarding contacting Tenon, try emailing Gillian directly. I am pretty certain the email address is on www.iva.com.

The FO will not entertain any complaint until the matter has gone through the firm's formal complaint procedures.
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 » Fri Mar 09, 2012 4:41 pm
You seem fairly defensive of Tenon, and I have my suspicions as to why...

Yeah? Ok, lets ask around - the other IPs and clients who are reading this - what's been your experience with how long HMRC have taken to respond to your VAT claims?
Last edited by loopfish on Fri Mar 09, 2012 5:26 pm, edited 1 time in total.
 
 

Foggy

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Post by Foggy » Fri Mar 09, 2012 5:17 pm
Hi Loopfish. I am not being defensive of Tenon at all -- just saying it like it is.

Your suspicions, however, are probably correct in that they are my IVA providers. Throughout my IVA and beyond I will praise them (and any IP) if they are worthy of praise, and I will criticise the (and any IP) if I think they deserve that!

I have said before that, so far, my only real criticism of Tenon is the difficulty you describe, of being nigh on impossible to contact your IP --- however the email did the trick for me and I have had excellent advice this way.

Regarding the delays at HMRC again ... I think Melanie put a claim in in September and is still awaiting a response !!
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kallis3

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Post by kallis3 » Fri Mar 09, 2012 5:37 pm
I don't think any claims have been settled yet, hence the reason why a lot of companies aren't closing cases loopfish.
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.
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vince666

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Post by vince666 » Fri Mar 09, 2012 7:03 pm
The real issue here is not the amount of time that HMRC are taking but the fact that Tenon have not yet followed the lead of Melanie, Grant Thornton, McCambridge Duffy and others in resuming closure of cases without waiting to receive the VAT refund.

I suspect they may be extremely busy at the moment undertaking staff redundancy consultations as they are having to lay off 10% of their staff due to their own financial mismanagement.
Last edited by vince666 on Fri Mar 09, 2012 7:12 pm, edited 1 time in total.
Completion certificate received 31 March 2012.
 
 

Foggy

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Post by Foggy » Fri Mar 09, 2012 7:14 pm
They did resume for a short spell --- but were then advised otherwise. I cannot really comment on the "whys and wherefores", but assume different companies have different systems. Hopefully they will sort themselves out shortly.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Foggy

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Post by Foggy » Fri Mar 09, 2012 7:26 pm
Just noticed the edit there .......

I have read all about their "troubles" and am in no position to comment :-)
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

markspark

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Post by markspark » Fri Mar 09, 2012 7:46 pm
Does anyone know if Grant Thornton are closing cases following the VAT fiasco, I thought it may be quicker to get a response from here rather than GT direct. I have found the way they have dealt with the VAT issue appallingly, I made final payment on 10 June 2011 and only found out about the VAT problem when I rang GT in Feb 2012 to see why I had not received my completion certificate. I had previously rang in Nov 2011 to be told my case would be closed on certificate sent in Dec 2011. I understand the IP won the case against HMRC in June 2011, why has it taking so long to resolve and why didn't anyone at Grant Thornton think it might be a good idea to inform there clients waiting for closure what was happening. A bury your head in the sand policy seems to have been adopted by GT, they are earning £ 5,500 fees from my case and customer services has been diabolical. Can anyone also explain why the IP's have to reclaim the VAT before closing the case's, surely they know how much VAT has been charged incorrectly on my fees and could distribute this accordingly then reclaim the VAT, I expect this is more a cash flow issue for GT rather than a legal one.
 
 

vince666

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Post by vince666 » Fri Mar 09, 2012 8:50 pm
GT are now closing cases again Mark. Try contacting Karol Wilson (see experts section) to see if she can advise on your particular case.
Last edited by vince666 on Fri Mar 09, 2012 8:51 pm, edited 1 time in total.
Completion certificate received 31 March 2012.
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