new creditor come forward who is not even mine!

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lisa.14

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Post by lisa.14 » Thu May 08, 2008 9:32 pm
I have 20 months left on my IVA and have recently received a letter stating that the original declared debt that was first put to my creditors was incorrect and they have subsequently had an additional creditor come forward with only 20 months remaining! My original IVA was set up so that I pay 0.37 back in every £1. The people dealing with the IVA called another creditors meeting in light of this new creditor and put forward another proposal which was accepted my contributions were increased so that I maintained the 0.37p in every £1.

When I looked at the documentation the creditor they had put on my IVA is not even mine! they gave me some address I have never even heard of. What should I do, I have told them but I think they are just fobbing me off.
 
 

Moneystinks

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Post by Moneystinks » Thu May 08, 2008 9:34 pm
Sorry to hear you are having problems for close to the end. An expert will be along shortly to help you out.
 
 

MelanieGiles

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Post by MelanieGiles » Thu May 08, 2008 9:35 pm
Surely this would have been checked before the variation was put forward! Did you believe that this debt was yours when the issue was first raised? If the IPs have made an error here, and it seems that they have, they will need to explain this to your creditors and I would have thought the IVA simply reverts back to its original format.
Regards, Melanie Giles, Insolvency Practitioner
 
 

lisa.14

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Post by lisa.14 » Fri May 09, 2008 10:13 am
Hi melanie

When the new proposal was first put to me it was always implied the reaason for the change was due to existing debt being calculated incorrectly in the beginning. I was never sent a breakdown until after the meeting was held. The documents sent to me prior to the meeting only brokedown the new amounts they were proposing there were never any new names put forward. It was only when I read the outcome documents that i noticed this additional creditor. At no time did anybody contact me to see if this debt was mine. In addition to this one of my creditor balances has increased by £2000 it seems unbelievable that after 40 months paying it off they suddenly realise it was wrong to begin with. Now I have no confidence in what I am paying and whom I am paying it!
 
 

MelanieGiles

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Post by MelanieGiles » Fri May 09, 2008 10:28 am
Shocking - and grounds for a complaint for the IP who is acting for you. I suggest that you send a letter advising them to make no more distributions to creditors until this matter is sorted out.
Regards, Melanie Giles, Insolvency Practitioner
 
 

chris.g

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Post by chris.g » Fri May 09, 2008 10:52 am
Total incompetance!! I'm with Melanie, refuse to pay into your IVA until it's sorted....what's to say there aren't any more mistakes???
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lisa.14

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Post by lisa.14 » Fri May 09, 2008 11:10 am
From the point of view of my creditors it is "debt" as it is money owed to them by myself so when the send through the documents all monies owed are classified as debts lodged. It is not changing from creditor to debtors it is just taken from the opposite perspective thats all
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