Told I need to start a new IVA by GT although I have made 5 years of payments.

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Craig.74

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Post by Craig.74 » Tue Jul 08, 2014 7:30 pm
Thanks all. Going to put pen to paper at the weekend just hope I can get it worded right. They have said to email but I know what will happen to that.
Been in numerous conversations with them today and given me 4 choices.
1 a lump sum payment if £7000 which works out hell if a lot more than finishing off the IVA
2 dept management
3 another IVA
4 bankruptcy.

They are just avoiding everything I say. I have said to the advisor I was putting in a complaint and her tone of voice changed followed by a comment " when you want to set up your IVA please don't hesitate to contact me"

They have also said they have put the failure letters etc in the post today amazing how they can send them and not anything else.
May also seek legal advice

Thanks everyone for your help I would be stuck now
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 08, 2014 10:35 pm
This case should have been failed much earlier, when the default criteria had first been met - and should not have been allowed to drift along without creditor agreement.

It may be wise to cut your losses now and start again - even with a variation to extend the current term, creditors are unlikely to be impressed with the length of time since your last payments, and may well not support it in any case.

No IPs enjoy receiving complaints, but most of us try our utmost to avoid them in the first place.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Craig.74

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Post by Craig.74 » Wed Jul 09, 2014 10:08 am
Morning. I will follow It through. It doesn't change the fact that I have had no correspondence on GT side in ref to the failure even though I have done as they asked.
 
 

Adam Davies

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Post by Adam Davies » Wed Jul 09, 2014 11:01 am
Hi

If they can accept a 7k lump sum then surely they can re-start the existing IVA with creditors agreement ?

Do you own a property ?

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Andam Davies
 
 

Craig.74

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Post by Craig.74 » Wed Jul 09, 2014 2:22 pm
Hi andy.
I don't own any property only a car which is paid for
 
 

Foggy

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Post by Foggy » Wed Jul 09, 2014 2:40 pm
First I would try to come to an agreement with GT. If your IVA has irretrievably failed, consider a complaint, as they appear to be at fault as well.

Then speak to another IP for advice on the current situation, it may well be that bankruptcy is worth considering (at worst you might have to make payments for three years as opposed to 5). How much is the car worth ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Craig.74

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Post by Craig.74 » Wed Jul 09, 2014 3:29 pm
Hi foggy.
Already been in talks with GT with no luck. They are adamant they cannot open a closed case and are recommending a new IVA. In that case to me seems like they are just after extra fees.
I don't really fancy the bankruptcy route as I want to move forward and look to buying a house etc and seems like the last 8 years have been wasted. I also don't fancy loosing the car as we live in the middle of nowhere and need it for kids school, work etc. The car is worth approx £1500
 
 

Foggy

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Post by Foggy » Wed Jul 09, 2014 5:07 pm
Craig, have a chat with ( I would suggest) Mel's team and Michael's at McCambridge Duffy.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Craig.74

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Post by Craig.74 » Wed Jul 09, 2014 7:33 pm
Just got home to a letter from GT. dated 8th july tell us about the failure. Amazing how that comes out so quick when I spoke to them on the 7th july soooooo annoyed
 
 

Foggy

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Post by Foggy » Wed Jul 09, 2014 7:45 pm
Yeah --- funny how THAT one arrives !!!

Sorry -- did that sound a bit cynical ?
Last edited by Foggy on Wed Jul 09, 2014 7:48 pm, edited 1 time in total.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Craig.74

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Post by Craig.74 » Wed Jul 09, 2014 8:30 pm
the letter seems a bit funny really. I was behind with 12 payments due to been unemployed after paying 5 years out of 6. however the letter states 21 months hmmmmmm confusing
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jul 10, 2014 12:37 am
They may well be right in that if the IVA has already been terminated, that is final and it cannot be resurrected.

I'm getting quite a few enquiries at the moment from people who have had their cases failed by GT and who want to propose a second IVA. It is a real shame when this happens, but if you feel it is the best way forward there is no harm in having a chat with another IP to see what can be done.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Craig.74

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Post by Craig.74 » Thu Jul 10, 2014 10:28 am
Morning melanie.
I'm just curious if these other clients approaching you have actually had correspondence or communication with GT before the closure or if they have just closed them without notice or chance to rectify anything. It just seems a bit odd that others are having the same problems
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jul 10, 2014 1:17 pm
No - they have all had correspondence confirming the reasons for the failure and termination notices.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

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Post by Adam Davies » Thu Jul 10, 2014 6:56 pm
Hi Craig

In a previous post you said

"Been in numerous conversations with them today and given me 4 choices. 1 a lump sum payment if £7000 which works out hell if a lot more than finishing off the IVA"

How was the lump sum going to work if they can't open a "closed case"

Regards
Andam Davies
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