IVA Council

[MelanieGiles]

The following is a extract from today's R3 newsletter which I thought forum members might be interested to read.

[red]Those many members who have complained to R3 about the behaviour of the IVA Council (the IVAC) and UK Bankruptcy Ltd (UKB) will be interested to hear that David Mond (together with his businesses: ClearDebt and Hodgsons) were successful in their application for a freezing injunction against Mason, UKB and others, resulting in a judgment in their favour made by Sir Charles Gray at the High Court last month.

Sir Charles was satisfied as to the link between the IVAC and UKB; and as the transcript of his judgment says, he “arrived at the clear conclusion that, for the reasons advanced …. a good arguable case is made out that the First [Mason] and Fourth defendants [UKB] are responsible for the actions of IVAC, including the sending of the letters to which I have made reference.”

Further, Sir Charles considered the argument made on behalf of Mr Mond that the IVAC was a front for Mason and UKB and that they had sought to hide their involvement in its activities. He said: “I take the view for the purposes of the present application that there is evidence that they have been acting in what is a commercially dubious scheme. There has been less candour than one would expect from parties to litigation in the way in which the case has been developed on behalf of the Defendants. Information about IVAC has been slow in arriving, as indeed has information about the relationship between Mr Mason and Mr Lindley and the close connections of the latter, at one time at least, with UKB. I am in no doubt that the condition which requires a claimant seeking a freezing order to establish a risk of a dissipation of the assets is clearly made out on the evidence.” He therefore approved the continuation of a freezing order which would cease if £100,000 was paid into Court.

At the time of writing it is unclear how and in what way the IVAC and UKB intend to continue their activities or the language they used in approaching people in an IVA.

David Mond has already written to a number of IPs undertaking IVA work who are known to be unhappy by approaches made to their clients by one or more of the IVAC and UKB, and has invited them to emulate him by instituting follow up actions in respect of what he contends are “false and defamatory statements in the IVA Council and UKB literature”. If you wish to obtain further details about Mr Mond’s successful action or wish to discuss fresh actions against one or more of the defendants in this case or IVAC then we would direct you to him at the following address:

David Mond
ClearDebt Group Ltd
Nelson House
Park Road
Timperley
Altrincham
Cheshire
WA14 5BZ

Tel: 0161 969 2030
Email: david.mond@cleardebt.co.uk

In addition, you can contact Mr Mond’s solicitors, Halliwells LLP, direct as follows:

Julian Diaz-Rainey, Partner
Halliwells LLP
3 Hardman Square
Spinningfields
Manchester
M3 3EB

Tel: 0161 618 4546
Email: Julian.diaz-rainey@halliwells.com

R3 itself remains interested in the activities of IVAC and UKB, and any other concerns who are considered are unjustified, or unsubstantiated statements, issues and publications, which undermine the work done by IPs or the industry as a whole, whether engaged in IVAs or otherwise. If R3 members bring to our attention either past or future correspondence to which objection is taken, we will, as appropriate, bring it to the attention of the Insolvency Service and those other regulatory authorities we believe already have or should have an interest.

For the avoidance of doubt, and for the wider audience for this newsletter, R3’s position on justified complaints brought against IPs is unchanged. We uphold the standards set by law and by the industry regulators, and encourage those with concerns to take them up firstly with the IP concerned, then if unsatisfied with their specific regulator or the Insolvency Service, who are the appropriate authorities to investigate and adjudicate in such matters.[blue]

On behalf of all IPs generally, but also as one who has largely been unaffected by the actions of The IVA Council, I would personally and publicly like to thank David Mond for taking this case to the High Court and seeking the judgement he did. Hopefully this will deter other "bankruptcy assist" companies from using defamatory scripts in an attempt to seek business from an innocent target audience

[Viki.W]

I hope so.

[kallis3]

Ambulance chasers, the lot of 'em!

Let's hope it stops them.

[plasticdaft]

It wont stop them unfortunately as there is far too much money to be made,and these crooks(personal opinion,not the opinion of iva.co.uk website),will continue to rip lives apart by taking those in need to the cleaners with there false promises and tall tales!!!

[size5]

Melanie,

I have been away for a few days for Mrs Size's birthday, so have not logged on for a while. I obviously knew about this but could not say anything here, however I will send this thread direct to David with your best wishes.

Regards.

[MelanieGiles]

Thanks Mike - hope Mrs S had a great time and came back thoroughly spoilt!

[size5]

Don't know whether she would agree she was spoilt Melanie, women have different perceptions on these things, but I certainly am quite a little lighter around the wallet area!!

Regards.

[Adam Davies]

Hi
Well done to David Mond
The likes of The IVA Council are bad news for both the insolvency industry and Joe Public.
Let's hope that they do not raise their ugly head again
Regards

[kallis3]

They've probably gone away to lick their wounds and come up with another plan.

Can't see them giving up that easily.

[David Mond]

STOP PRESS Update- IVA COUNCIL: An application for summary judgment against the persons believed to be behind the IVA Council was issued last Friday in the High Court. I will keep you all posted.
For your further information it may well be that they have re-appeared as the IVA Review Board - let me know if you hear or receive anything.

[aguise]

Thats great news david. many thanks.

Ang

[Julie]

Well done David - be interesting to see their next step.

[Viki.W]

Wow, wondered what happened to them. Thanks for the info David. Please keep us updated. X