Hello.
Please can anybody advise me if there are any specialist solicitors in practice that can help with disputes over IVA.
Mine was acquired by a firm in November, final payment in January 14, all asserts are realised. I am experiencing the silent treatment and stalling tactic as the company do not respond to emails, answer phone messages, and I generally can't get a straight answer. There is more, but not enough space to explain.
Thankyou all.
Which part of the country do you live in Jesah, and which firm has taken over your IVA? Rather than go to the cost of engaging a solicitor, have you invoked the firm's complaints procedure, or even thought about taking a complant directly to their regulatory body.
Poor communication between IP and client is not acceptable, and the regulators do take quite a dim view of this.
Hi Jesah. If it is who I think it might be, the lag of 3 or 4 months is not at all unusual. Since that final payment, how do you know that all assets have been realised --- if they have confirmed this ( I am thinking specifically along the lines of PPI) then your final paperwork will appear in another 3 months or so.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Thankyou very much for responding.
I am in Essex my firm are in Scotland!
They took over my IVA in Nov 13 with two months to go. All PPI has been done and I have contributed a further 6.5k which as yet I cannot see has been accounted for.
Been told verbally that there is nothing more to pay into the fund after 66 months.
Have had separate legal proceedings introduced from my ex which enforces sale of the property I'm in now it's in positive equity. Having told IVA firm this they will only lift restriction if all new equity is released to them immediately. (Property excluded in month 54 from IVA).
Few issues there, as ex wife is entitled to half, relocation costs for me as per terms of proposal.
IVA firm making conditions which are not logical and inconsiderate in my view as I need some form of funding to pay new rental costs (this is where not returning calls kick in as I would like some clarity on the overall plan) and can't leave current house without paying for new one.
Had a rant with closures team and provided all documents in relation to moving homes etc. happy to introduce as much as I can to creditors, but need somewhere to live more importantly as I have anew family to think of with small children. Trying to negotiate a simultaneous release of funds with IVA firm paying directly from conveyancing solicitor on completion of the house sale, but expecting them to say its standard procedure in every case and what they say goes. Really annoyed.
Very stressful 6 years which I would love to end so I can finally move on.
Last edited by Jesah on Fri Apr 18, 2014 8:18 pm, edited 1 time in total.
Hi Jesah, we too are with creditfix and have had problems with communication, emailing the IP directly rather than using general email addresses was the only way we could get any replies, saying that we are no further forward. I assume we have the same IP, her email address is easy to find - good luck!
Having dreams doesn't cost a penny and keeps you going
Iva completed 14 months early!
Thanks Rubyred. I'm logging everything I do in relation to contact, calls, emails, content etc. I have drafted a three page letter of complaint to their compliance officer. (I wonder if they will respond?).
Mel - Thankyou.
Original terms in proposal in 2008 were set out in the "assets" section stating;
'After settling the mortgage and allowing for selling costs and re-location costs it is not expected that there will be any surplus available for my unsecured creditors. However, I will provide my Supervisor with a copy of the completion statement and introduce any surplus funds that may arise. I propose to sell my property within 12 months of the IVA. I then intend to move into rented accommodation'.
A variation was agreed in 2011 due to the 'recession' allowing me to stay in the house as there was negative equity.
It has only just turned into a positive asset this year when it was sold in line with the Consent order of divorce
In the annual report yr 5 (July 13) the property was excluded from the IVA due to it being below the threshold figures.
On sale, my half share is between 5-7k, a proportion of which would be needed to move and relocate. I have sent a rental agreement in principle from my future landlord (unsigned as yet) who has been very helpful and accepted my credit past on the condition of a security deposit and upfront rental payment which would meet the IVA 6yr anniversary. This is now with the closures team with full detailed explanation and hopefully the supervisor at CF, and awaits authorisation for funds to be released to me. All a bit back to front and not in line with the original terms.
No funds have been exchanged. No release of restriction has been submitted as CF want the funds first before they do this. Sale cannot complete with restriction still on property, so no funds come in. Round and round in circles, I think you get what I mean.
If they would just make the picture a bit clearer, everybody knows where they stand.
More than happy to release whatever I can to my creditors as I have done for the duration of the agreement, I just feel a bit untrusted and overlooked for my family circumstances in relation to starting again. And strongly believe that due to the minimal contact they have no idea about the individual circumstances of my case.[V]
Last edited by Jesah on Sat Apr 19, 2014 1:40 am, edited 1 time in total.
Hi Jesah. Ask your conveyancer if they would accept an undertaking from CF to lift the restriction on receipt of funds ... then, of course, CF have to agree to give this undertaking.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
It is very simple to get the restriction lifted at the same time as completion is effected, so this should not be a barrier to getting the deal done, and your IP should be assisting with this.
Thankyou Mel. I will see what they come back to me with. I'm at the point of complaining though as I'm still waiting for my courtesy call from the acquisition of my IVA. It's only been 5 months.
Mel. On the letter dated in December it just said the IVA had been acquired by creditfix. When I look on the internet, the old firm have had a makeover and are still trading.......no straight answers. I'm not stubborn, but cautious when I think something's not right.
Last edited by Jesah on Mon Apr 21, 2014 12:17 am, edited 1 time in total.
