Negligant IP

[Soulgrowth]

The more clearer things are becoming, and the more professionals I speak with i.e my solicitor, the more I am thinking that my IP was verging on negligence when a post IVA debt arose along with an associated ongoing financial liability to a lease.

The advice I was given was to stop paying my IVA for three months which would give me the fee required to petition for my own bankruptcy.

I am thinking that the situation should have been looked into more fully by my IP (more than one telephone call) and advice given along the lines of;

Modification of the existing IVA to emcompass the debt and support given to seek the advice of a solicitor (perhaps with a holiday payment of the IVA to pay the solicitors fees)to address the issue of the lease.

I would be very grateful for anyone's reflections.

Debbie

www.babynamings.co.uk

www.soulgrowth.co.uk

[jpj]

An IP can only draw up an IVA with the information provided by YOU ! usually they ask you several times "are you sure you have no more debts at all?" I know leases are tricky things and it is easy to overlook possible responsibilities but it is down to you to check. As you say it AROSE post IVA so how would your IP have been aware of it when doing up your IVA ?

[MelanieGiles]

Hi Soulgrowth

It is always difficult for the forum experts to comment on such matters when we do not have the full facts of your case to study - or the in depth knowledge that your own IP has with regard to your financial affairs.

Sometimes it is better to look forward - where at least you retain some element of control and destiny - than to look back where absolutely nothing can be reversed. Your IP has now taken steps to begin closure of your case, and I gather you have a new advisor who is going to offer a full and final settlement to your creditors, so hopefully you are now on the right road.

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