Is this a breach to IVA which should be reported ?

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Sam.y

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Post by Sam.y » Mon Aug 03, 2015 3:37 pm
I am aware of a person who has not declared a vast amount of income from not only their self employment but also from an ex-spouse who pays her every month due to a court order. She has also not admitted on her IVA paperwork to at least one savings account that the money from her ex gets paid into. On her IVA paperwork she has stated that she receives no "Maintenance Monies" from her ex and that she is also on a very low income, this is NOT CORRECT. Is this a breach to her IVA and should this be reported to her IVA???? Her IVA was accepted in October 2012 and continues to launder money through her children's savings account to prevent monies being detected.
 
 

lifenoteasy

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Post by lifenoteasy » Mon Aug 03, 2015 3:49 pm
If you believe strongly enough this is the case contact the IP that is responsible for the.

Both names will be listed on the Insolvency Register.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

kallis3

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Post by kallis3 » Mon Aug 03, 2015 4:22 pm
If you feel strongly enough then do contact the IP - however make sure that you have your facts straight before you do so.

She should be having to provide details of income (payslips, bank account details and P60) every year.

If this is correct she can be in very serious trouble and it could, ultimately, end up with her getting a criminal record.
Sharing from experiences of dealing with debt
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Adam Davies

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Post by Adam Davies » Mon Aug 03, 2015 5:14 pm
Hi

You can search the online insolvency register to find out who her IP is and also their contact details

Regards
Andam Davies
 
 

MikeyM

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Post by MikeyM » Mon Aug 03, 2015 5:44 pm
Could well be. BUT how do you know it hasn't been reported? Do you know the exact goings on of this individual i.e. correspondence/phone calls/emails etc between her and her IP? Do you have access to her bank accounts and other affairs? Sounds like the original paperwork is 3 years old. There will have been two reviews since then. How do you know what has been declared at the annual reviews? You need to be 100% certain of your facts before you report this person.
 
 

Foggy

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Post by Foggy » Mon Aug 03, 2015 5:45 pm
As mentioned above, dishonesty in an IVA is a serious issue and you must be sure of the facts as the repercussions could be serious, especially with children involved.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

doritos

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Post by doritos » Mon Aug 03, 2015 7:21 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by kallis3
If this is correct she can be in very serious trouble and it could, ultimately, end up with her getting a criminal record.
not to derail this , but how?, it'd be a breach of contract, as IVA's are not a legal thing once they are up and running as the are all interpreted (obviously try that on during bankruptcy, and you are in a world of hurt as they are a legal thing start to finish)
 
 

Foggy

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Post by Foggy » Mon Aug 03, 2015 7:30 pm
The IVA arrangement is a contract drawn up under the Insolvency regulations and these regulations are part and parcel of the agreement.

Trying to avoid the repayment of a debt by misrepresenting the facts is actually fraud, which, under British Law, is a criminal offence. It used to be called Obtaining a Pecuniary Advantage by Deception under Section 16 Theft Act 1968, which has now been replaced by the Fraud Act 2006.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Adam Davies

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Post by Adam Davies » Mon Aug 03, 2015 7:57 pm
Hi

It can be a criminal offence to give false information whilst in an IVA

See http://www.newsandstar.co.uk/news/disgr ... -1.1222248

Regards
Andam Davies
 
 

lifenoteasy

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Post by lifenoteasy » Mon Aug 03, 2015 8:07 pm
As a serving police officer they had also breached their terms and conditions of employment by entering into the IVA.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

doritos

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Post by doritos » Mon Aug 03, 2015 10:27 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Andy Davie

Hi

It can be a criminal offence to give false information whilst in an IVA

See http://www.newsandstar.co.uk/news/disgr ... -1.1222248

Regards
wow, thats umm, some bending of the rules there..
 
 

kallis3

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Post by kallis3 » Mon Aug 03, 2015 10:32 pm
As long as you inform your force of the IVA then there is not usually a problem. Of course you have to make sure you run it properly.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

doritos

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Post by doritos » Mon Aug 03, 2015 10:43 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by kallis3

As long as you inform your force of the IVA then there is not usually a problem. Of course you have to make sure you run it properly.
9K on a new motor is a tough one to get past any IP
 
 

kallis3

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Post by kallis3 » Mon Aug 03, 2015 10:53 pm
I wasn't actually referring to the amount she spent but to lifenoteasy's comment about breaching the terms of her employment by entering into the IVA.

I've been there so know that it can be dealt with without there being any problems but what she did was totally wrong and she has paid the price.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MerlinL14

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Post by MerlinL14 » Wed Aug 05, 2015 11:13 am
Legal matters aside, sods law dictates that this person has a better than average chance of getting caught if they are indeed making fraudulent claims. However there is also the matter of why the thread starter found that this is their business and rather than seek legal advise they choose to make it public and in the public domain, where even non proven claims of fraud tend to stick. If this is not affecting your life, has no direct conflict with your finances then other than making the other parties IP aware of your concerns I would leave well alone. The other party may not be as nice to you if they find out you are making these claims on an open forum. Just saying.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
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