In my case i have a creditor who has off set their own debt as a result of this (despite the fact that if they contest this and win it will leave less in the IVA pot) means that it will go to the ombudsman which could take approx 18 months, albeit my IVA provider has indicated they will issue me with my completion certificate IF this is acceptable to my creditors, requiring a variation meeting which in turn will cost more in fees, however they will leave the IVA open until it's been sorted, very unfair and as Melanie has indicated what use is a certificate if the iva is left open?
I quite agree with heretoday, this does need a legal case going forward, unfortunately as it has been mentioned not many of us who are in an IVA can afford that sort of money and to be honest perhaps this is why you have certain IVA providers doing this sort of thing because they know they won't be challanged!
I know that certainly one IP is trying very hard to get this sorted once and for all but sadly not all are following that person's example. I think the very fact that people are being told they could fail their IVA is a form of bullying and to be honest this is making me feel quite bitter towards my IVA provider as i don't think they are being fair at all and do seem to be trying to get as much income as they can but not to the benefit of MY creditors!
Om shanti, namesté, good luck to all who are embarking on the IVA journey, it isn't always an easy one but the outcome is the best.
IVA COMPLETED August 2012, received Completion certificate 18.4.13.
It would be interesting to get a political perspective on this. After all, IVA's were introduced by government to reduce the number of bankruptcies. How does that marry up with closures being delayed because we have to claim back our money from the banks - whom we are indebted to - who ripped us off with mis-selling = contributed to the sorry mess many got into by paying back debt inflated with PPI & unfair bank charges! Then - some IVA companies have the temerity to threaten posters with failing their IVA's if they don't explore the PPI debacle = possible bankruptcy! Confused? Me too - I'm off to bed! x
IVA journey started: 30th March 2009. Settled: 17th July 2012. Completion Certificate received: 13th March 2013. Breathe. x
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by GilliB
Then - some IVA companies have the temerity to threaten posters with failing their IVA's if they don't explore the PPI debacle = possible bankruptcy!
I can confirm that my IP David Mond of Cleardebt threatened to make me bankrupt unless I signed authority for PPI claims to be made!
I am not sure if it is just Cleardebt who have taken this heavy handed approach? I would be interested if any other IVA company / IP has made the same threat? And your views on if what he did was legal?
7 years after starting an IVA I finally received a completion certificate from ClearDebt
I bet he wouldn't make you bankrupt as I doubt a court would allow it having paid for the term agreed! Also imagine your IP having to refund all monies paid including fees!!! Mmmmmm prob not likely!! It sounds nothing short of bullying and harassment!!
He felt strongly enough about it to put it in writing in a letter to me and also confirmed it in another post on this forum? I agree that he should fail if it went to court but when you are faced with sign this or we will ruin what you have been working towards for the last 5-6 years it is not so easy.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
I think that most sensible IPs who have clients who may have the need to seek legal advice have probably already done so - but to quote specific advice when there are so many different parameters and case specifics on a public forum would be dangerous and could lead to much confusion and misunderstanding.
My advice to any poster who is in doubt about the way their IP is treating their own particular case is to seek legal advice. This is a complex area and there most certainly is not a one size fits all.
The CAB provides a wealth of free legal advice so that could be a good starting point, and many firms of lawyers will undertake a free initial half-hour of advice which could be useful.
If you not want to go down that route, get your IP to confirm specifically in writing why they feel that any mis-sold PPI forms an asset of the IVA, and how quickly they would be able to determine which of your accounts have PPI included. This should not take more than 3 - 4 weeks to find out, following which you can let your IP know if there are any accounts where you feel you have been mis-sold.
If you feel that your IP firm is not then acting in your best interests, you could follow their internal complaints procedure, their regulatory body or the Financial Ombudsman.
Last edited by MelanieGiles on Tue Sep 25, 2012 9:37 pm, edited 1 time in total.
