I posted last week about sinple debt solutions - i have been in an iva with them since 2010 and have completed 2 reviews, coming up to my third review. I contacted them about the possibility of a payment break due to my boiler being condemned and they informed me i was in breach of my iva as i had not completed ANY reviews!!! I have sent in all the information the past 2 years when it has been requested! I have since had to re- send this information again and have had a phone call saying that due to bonuses i have had over the past 2 years i am in arrears an they are putting my payments up from 231 to 400 a month!!!! I have never tried to hide what i have earned and have only used any extra cash for essential maintenance for example repairing my fence which was damaged in bad weather an car repairs, i have receipts for this work. I know i may be in the wrong for getting a couple of good bonuses but i have never hidden these from simple debt solutions and feel i am getting punished for their failure to manage my iva. They are claiming that i have not sent any information in but i feel that the girl i used to deal with may have been sacked as they told me they had a few ''issues' with her. Surely they are at fault for allowing this to happen. I simple cannot afford to pay 400 a month - how can they blame me for no reviews being logged in almost 3 years? They have to take some blame for this? Any advice would be appreciated.
I would point out to them that, far from you breaching the IVA (which you have not, having supplied papers as requested) that THEY have failed in their statutory duty to complete reviews as per the terms agreed in the proposal. This matter would be of great interest to their regulators, being a major failure on their part.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I have had repeated conversations everyday an they have now pointed my husband wage has gone up in 3 yrs !!!
They are totally tryin to put all this on me I have asked to speak to ip an creditors to get my point across !!
I cannot pay this £400 a mth I will be left with nothing .
I'm so stressed I cannot sleep worrying .
Insist on a face to face meeting with your IP, so that you cam sit with them and explain things from your side of the fence. You can also enquire why they have not been doing reviews, and how this has been reported to creditors - I assume that you have been provided with copies of their annual reports to creditors?
No nothing !! I will ring them tomorrow , he has sent me another expenditure form as he saying if I am sayin I cannot afford £400 he thinks its shows otherwise an I need to look at my income expenditure again an prove that I cannot afford it !
He is refusing to speak about their part of not doin annual reviews until I have proven I cannot pay £400 a mth !,
An basically said if don't pay it I will be in arrears ! I have two yrs left an if I could make a final offer but do not have the funding to do so I feel so stressed as everyday I'm ringing this guy an other people saying he will ring me back an when he' does he just keeps repeating same thing an not listening to my concerns of them not doing reviews.
If they have not been providing you with annual reports, then they are in breach of their statutory duties.
I suggest that you inform "him" that you insist on speaking directly with the insolvency practitioner, and that an initial telephone appointment is booked for such purpose - which can be followed up with a face to face meeting if you feel this will be necessary. There may be faults on both sides here, but at the end of the day your IP is a professional and must work within strict professional guidelines.
