phonecall from blackhorse- confused

[scaredkez]

my hubby phoned synergi today to see if they had received our letter, they said they had, he asked if he could speak to someone regarding his own IVA, after being passed over to 3 different people he was then passed to a different team and a lady we had never had any contact with, she then said she had to go and find our records, when she finally said she had them, he asked what the outcome of his own IVA had been as he had nothing to do with BH, she said she couldn't see what the problem was as it had been passed and started reeling stuff off, my husband by this time was getting a bit worried and asked her what name was on the records they had only got the wrong records out and were discussing the wrong IVA case, he said she was very apologetic, so he asked about the breakdown of costs, it takes time to get the breakdown and this had to be done by her manager who was in tomorrow, she then promised to telephone back when she had correct records, hence to say we are still waiting for that phone call.
how hard can it be just to get the answers we deserve and have paid for !!!
kerri

[coco]

Hi Kerri,

Hope your having a better day day to day, is your husband and you doing 2 separate IVA's, if this is the case and they make you BR could they still force you to sell your property aassuming it is in both names.

52 payments to go

[freelili]

Hi Kerri

Couldnt you just report them anyway to the govening body and ask them to investigate your case on your behalf? Send them copies of what you already have and a covering letter detailing the treatment you have had. It might just prong some synergi backsides into action and maybe even a refund/compensation for what they have not done?

Good luck I know youre having a hard time

LILY

[scaredkez]

i am going to have to as its proving very difficult to get anything off them, it was the final straw today when they got the wrong records out to discuss.
coco, the iva's are individual but they put them together for the monthly return, they told me although its a joint proposal they are individual, both our names are on the house and we had an estate agent round to give a valuation for the IVA, they said they would put the house on market for 135k we owe 103k so there is equity there so we would lose it, i think it would go for about 125k as the house across the road has just sold for that, and it does need quite a bit doing to it, plus there is an early redemption charge of 4800, so i don't have anyone who could raise the beneficial interest as i imagine with the amount of equity even if a forced sale, it would be a few thousand left to find.
my hubby is home for 4 days and he has just said why don't we just forget the DMP and go for BR i really need to make a decision as its just getting too much and it feels like we are prolonging the agony.
kerri

[MelanieGiles]

Scaredkez

You really must insist that you speak to the insolvency practitioner who dealt with your case, and no-one lower down the food chain. They owe you that, and they will want to hang on to their reputation and insolvency licence.

If they refuse to speak to you find out why. Insist that you speak to them directly. If they continue to avoid you, then you must refer the matter to the regulators as this will stop things like this happening in the future. Find out from the insolvency practitioner why your case was put forward as an IVA, when it is widely known in our industry that Black Horse do not accept them if they do not meet certain criteria.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[scaredkez]

thanks melanie will certainly get husband to do that tomorrow as i am in work, its becoming a joke all these different teams and not knowing who you are going to speak to,will let you know how he gets on tomorrow evening.
kerri

[scaredkez]

melanie when my iva was rejected, BH reason was because i owed them too much money
kerri

[DebtDummy]

Kez, that person who spoke to your husband breached the Data Protection Act. She should have made sure it was him,and discussing his case not somebody elses. The usual name address,post code and date of birth would have sufficed. Contact Synergi and do not mince your words. Tell them straight out you want to speak to your IP at that moment or you will file a complaint against him. If they say he's in a meeting reply ''get him out now''. You and your family have been put through enough. It's time for action. Talk about incompetency! How dare he/they!?

Don't be kind. Get action.

All I have left is my humour.

[scaredkez]

hi all my hubby phoned them this morning and insisted on speaking to the IP to be told he wasn't in the office today, so he was put through to the manager and he asked in regards (what melanie asked me to ask) re BH that it was widely known throughout the industry agbout BH voting policy, what she said was that the voting technique changes all the time with BH, and that the tactics were untrue! in regards to the iva itself it was set up and proposed as a joint proposal, i thought they had to be seperate as they were individual, only because i have read other posts were the wifes have been accepted and the husbands not am i wrong in thinking this do they go through as joint?
i agree with you DD on the breach of data protection but he said she didn't give the full name, but in same respect she never done any security checks. they siad they are sending what i requested so wil have to see what is in writing, melanie i am very interested in making a complaint as i am not satisfied.
kerri

[DebtDummy]

Kez,let me try an explain it to you. I have my own debts (sole liability) and my hubby has his own debts (sole liability), and we have debts together(joint liability). Our drafts are two seperate drafts. If they were placed side by side, and turned page by page, the information contained would be identical. He signs his IVA and I sign my IVA. In the eyes of the creditor the two IVAs are viewed as *one*.

For an example,at the creditors meeting, say the accepted ratio was 10p/£. That would NOT be 10p/£ for my hubby's IVA and then an additional 10p/£ for mine. It would be 10p/£ for the total amount of indebtedness.

Okay, is that clearer? Hmmmmm. If not consider this. You have 2 eggs each representing an IVA, your's and your hubby's. You now crack the eggs and place them into a bowl and scramble. That scramble heap in the bowl is the IVA.

Now, if for whatever reason the IVA fails, we would petition the court together for a BR. He would not seek a BR himself, and I would not seek a BR myself. We are *one* and would file together.

I hope this helps better.If not someone will be here who can [:)]

All I have left is my humour.

[MelanieGiles]

And from a technical point of view .....

All IVA's are "Individual" Voluntary Arrangements. There is no such thing as a joint IVA - seems obvious doesn't it! What usually happens, though, with husband and wife or long term partners is that a joint contribution is made to all creditors on an equal basis. The "Individual" Voluntary Arrangements are thus made mutual and interlocking - ie they rely on each other to perform.

This is a procedure which has been developed through custom and practice, and bears no real identity in the eyes of the legislation, but is widely accepted by all creditors which is the main thing really.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[DebtDummy]

lol, thank you for being technical. I would have the people here cooking[:)].

All I have left is my humour.

[scaredkez]

i understand all that thanks but all my husbands creditors accepted his proposal and the only joint debt we had NR accepted with ammendments we initially agreed yes if BH voted yes,this is the bit i don't understand he got over the 75% vote on his it was me that didn't this is were i am getting confused when i read other posts or does this not matter because it is joint and obviously there is only 1 payment on offer sorry to appear dumb, its just that we were thinking maybe he doesn't have to file for BR as his debts are relatively small except the one joint one with NR, please understand we are trying every option before we lose our home and go for the ultimate option.
kerri