********* Please see my comments in stars, i was going to not reply but i am afraid i have taken the bait ***************
I have been following this post all day to day and wondering if I should make any form of contribution, given that this complaint is directed personally at me. Posters
Who interact with me regular will know that I rarely discuss a client's business on the forum, and do not intend to do so now. However, I do wish to make the
Following general points about this particular case:-
*** With respect, I have and will highlight shortly I am more than willing for you to talk about this case in a public forum. I expect the information could be of use
to other people in my position. Again with respect I see the only reason for not talking about this in an open forum is for you business. Is bad press ever a good
thing!! Well I expect not. I'm afraid this time lets air the views in public and let’s let people make their own minds up. I chose your company due to the good
reputation you have on this forum 3 years ago, would I recommend you now I am afraid not, should other members of the public hear of the bad and good, well I think yes***********
1 The debtor acknowledges his breach and the reasons which have led to the default. The current status of his IVA been accurately reported to his creditors.
************ At know point have you told me I am in breech, I have email after email asking what my options are, if the IVA would fail after non-payment of 3 months
and if you thought an F&F was a sensible idea or not. I simple was told your IVA will not fail after 3 months of non-payment and I was directed down the route of
continuing to pay the IVA even though I had informed you many times that I did not think it would be the most sensible idea. I was then never given any advice on if or
what the alternatives were and also if you would support me through these alternatives that I was left to find. I am simple not lying here; your staff have given no useful advice for my situation and simple steered me towards the most profitable solution for you company to continue the IVA no matter what. ************
2 Under the terms of his variation, once a breach has occurred, there are three choices to put before creditors for their consideration - a variation, a termination or
Bankruptcy proceedings.
************** You have not told me a breech has occurred. you have told me if I am not willing to provide information that a breech will occur but you have never told
me it has. The only reason for withholding some information for a day was to insure I got answers to my questions, such as definitive time scales after months of
waiting. I have the emails in front of me!!! Please don't defend yourself with information that is simple not true!!! *************
3 A proposed variation was submitted by the debtor which required supporting documentation. The final paperwork - detailing his historic income - was only received by
my office early this week. Not all information we required was able to be provided by the debtor.
***************** Gee Wiz, I have done everything in my power to get you all the documentation that you required. I asked again and again what information was required
and then something extra was requested just at the point I felt we were making progress, which created further delay. I am reading this and getting more and more
frustrated... Unless a bankruptcy judge disregards email as evidence I simple can't see how your comments stand. ****************
4 There have been no IT issues in my office of which I am aware. The debtor claims he has sent e-mails, my IT department have been unable to trace them, or find that
incoming e-mails have been rejected. We have a sophisticated internal and external IT system, which can be subjected to rigorous audits in the event of queries - which
Are exceptionally rare.
****************** All very reassuring however your member of staff told me an a certain attachment size is rejected by your email servers. That is more than fair how
ever a month previous I have a reply from your member of staff regarding an email attachment far bigger than the quoted size. To say your IT staff or other have a good
understanding of your technology is once again a great concern to me as its simple not the case. *****************
5 We asked the debtor to write a letter to his creditors explaining the reasons which have led to his breach and his proposed settlement. This was entirely reproduced
Within the body of his variation report - and therefore the representation to creditors comes directly from himself.
****** After your opening paragraphs basically gave a one or two month snap shot of my finances and by no way gave a fair interpretation of the 5 month journey I have
had or the problems I face in the furture. Yes in simple you represented my best financial month since I was made unemployed but the facts of the matter that was not
consistent to other months. Thus in short you have made it appear I have more money than I have thus my proposal to the creditors is for want of a better word a lie.
******************
I am sorry that the poster feels that I and my staff have not acted in his best interests. We have complied with his request to submit a variation to deal with his
Breach in an entirely realistic timescale. Should he wish to lodge a formal complaint, he should firstly write to me outlining the exact nature of that complaint and
this will be dealt with in the appropriate manner.
****** Perhaps it would be useful to state to any new client how you deal with such situations of redundancy and offer of F&F. In my experience this is not in the best
Interests of the client or creditors but simple to insure your IVA company makes the most profit. ********************
I do not intend to engage publicly about this matter on the forum, but trust that readers will accept that I did have to respond to the best of my ability given the
Publicity that the poster has sought.
******* I am afraid your reputation can only take you so far and I feel so strongly about this I am going to do my best to insure everyone is aware of the facts of
this matter.****************
And finally - there is nothing to stop a debtor at any stage of the IVA process making separate representations to creditors should they so wish.
****************** Well that's the best and most useful thing your company has told me since I originally asked for help and advise 3 months ago***********************
