Mis- sold IVA

[caknight]

Northern rock was included in the mortgage payment.

Littlewoods only owed £30.00 at the time so that's now cleared.

Debenhams only owed £30.00 also now cleared.

[MelanieGiles]

So were your other creditors made aware that the Northern Rock ommitted creditor were going to be paid back under normal contractual terms, rather than receiving the dividend the other creditors were receiving?

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[caknight]

Sorry, not sure on that.

[caknight]

Sorry melanie I meant to ask would it make a difference, and how would I find out?

[MelanieGiles]

It would specifically disclose this unfair treatment within the proposal document. Have a read and see if anything has been disclosed.

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[caknight]

Thanks Melanie

Will Do, If it doesn't disclose it I will let the forum know.

I may as well ask

If it does, what does that mean?

If it doesn't, what could happen?

[MelanieGiles]

If this has not been disclosed, you have a material irregularity to your IVA which ought to be reported. Whether you choose to do this, is a matter for you, as if the IVA is made null and void you will personally be back to square one - but these practices must be stopped in our industry.

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Dominic]

When i started on my IVA i was told to include ALL unsecured debts, I do not have a mortgage, as it would be counted as a breech ifI did not do so.

[caknight]

Hi Melanie

The information has not been disclosed.

Cheers

[MelanieGiles]

This creditor has therefore been preferred at the expense of your other creditors without their knowledge. I can only say that I find this absolutely appalling.

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

[Adam Davies]

Hi
Your IP will be in serious trouble if you can prove that they were aware of this unsecured debt.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[caknight]

The IP may not be but the admin\sales guy definately was.

Would I have a case against them in anyway?

[MelanieGiles]

If you can prove that they have been negligent - yes. But this may affect the status of your IVA, so do weigh up the pros and cons of stirring up a hornet's nest.

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

[caknight]

Yeah thought about this later.

If the IVA was to cease, for this. What would happen next?

The IP has approx 8k, would he still take fees? or would the £'s come back to me or out to the Creditors?

All i Was thinking was if it camt to me, I could pay off 2 or three of the originals then try a DMP with the rest.

Basically the IVA isn't working for us and we are at a whits end.

[MelanieGiles]

Monies held by your IVA supervisor will not be returned to you on any account. If the IVA fails, they will firstly be used to pay the IP's own fees, and the remainder will be distributed equally amongst your creditors.

If the IVA is not working, then a DMP is not likely to either. I suggest you give serious consideration to bankruptcy proceedings in order to benefit from a fresh start.

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