Notice of breech

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kaza

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Post by kaza » Sat Sep 20, 2014 1:20 am
Hi all please can anyone advise me got home from work today to a letter to state we are in breech of our Iva for non disclosure of an asset and unless we come to an arrangement to pay it within 30 days they will fail our Iva!! To our knowledge we have no assets !!!!! Typically GT are closed all weekend so I'm stressing big time!!! The only thing we think it might possibly be is my father passed away 3 years ago and in his will the house is split between my mother brother and I but this is just a legal clause incase my mother needed to go into nursing home and we had to sell the house to pay for her care. I have no right to any money in the house until her death and cannot evict her or borrow money on the house etc etc as far as I understand I don't think the deads to the house have been changed it just states my name in her will ??? I have not received any money from my fathers death whatsoever ! Please can anyone advise??? I'm hoping it's all a big mistake of GT part ??
 
 

Shining

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Post by Shining » Sat Sep 20, 2014 3:35 am
Always a tough day to receive a letter that requires clarification when the offices are closed all weekend.

Hopefully Monday will clear this up for you. Try not to worry (I know easier said than done).

If it is in respect of your Father's passing then I'm sure it can be cleared up quickly if it's an error on their part I hope they apologise profusely.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

kaza

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Post by kaza » Sat Sep 20, 2014 3:54 am
Thanks Lesley I'm sick with worry can't sleep and been physically sick twice!! I just can't understand it!! I just hope to god it's nothing to do with my mums house........ No one knows of our Iva and we have come this far and now they threaten to fail it!!

Honestly I have had no money from my fathers passing and my mothers house only comes to me if she passes away I have no claim on her house what so ever I'm worried they may put a charge on her house or something which is totally unfair as my debt has nothing to do with my mother.

Apart from this we cannot think of any type of asset they are on about ppi money has been paid to them in full !?!?
 
 

Shining

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Post by Shining » Sat Sep 20, 2014 5:24 am
I too hope this is nothing to do with your living mother's house despicable if it is in my humble opinion. Try and get some rest but can imagine how worried you are. The timing of sending this letter is very unfair.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

kaza

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Post by kaza » Sat Sep 20, 2014 6:49 am
Thanks Lesley ........ I'm trying not to stress but omg I'm sick with worry!! I know it sounds pathetic but it's my birthday Monday and really wanted to celebrate it this year because for once I can afford to have a nice meal and a few drinks out we have saved and saved for a nice day on Monday now we have this hanging over our heads ........ It's just this last 12 months have been terrible because if have been really ill and one point in itu being touch and go if I made it ..... Thankfully I did and we really wanted to celebrate my birthday because since the Iva we haven't been able to because it's also my little girls birthday in September and any spare money has always gone on her !! Sorry I'm rambling on but no sleep and being physically sick all night my head is spinning with all the possibilities !!!!

Is there any experts who can advise on this matter?

Thanks x
 
 

relieved33

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Post by relieved33 » Sat Sep 20, 2014 7:27 am
I think you should get specific details on Monday although I am shocked that they would send out a letter without explanation.

How would they know about the will? If it is that, speak to the solicitor who dealt with it. Technically, depending on the wording, it sounds as if you may have claim to 1/3 of a house. If nothing has changed with land registry though I don't see how they would know.
 
 

mole

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Post by mole » Sat Sep 20, 2014 7:33 am
What terrible customer service, you are paying them a lot of money to supervise your agreement. For something as serious as a breach, they really should telephone you and explain. Letters get lost in the post, what if you hadnt received it?

Also, to send out a generic letter without outlining in detail the of any breach is unacceptable, and can only cause worry and concern, whatever the circumstances.

2 months from the end, whether there is a breach or not, I am sure you can come to a sensible agreement without the IVA failing. GL
 
 

kaza

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Post by kaza » Sat Sep 20, 2014 7:44 am
Thanks guys ...... Yes I'm totally shocked about the whole thing !! I haven't a clue what asset ive have not declared tbh. I'm sure at the time of the will thing I asked the question on here and was told because I'm not getting any money and had no right to any money etc etc it's not inherited until my mother passes away! It's just a technical legal jargon to stop my mum from having to sell her house should she need care I know it states she has full control of the house and we cannot sell it or make finincal claim on it!!
But yes no explanation just a letter stating we have breeched and Iva will fail on 17/10/2014 if we do not pay our undeclosed asset!?!?!
We did have a letter similar to this at the start of our Iva (which was set up from Blair endersby ) that was incorrectly sent out in mail and all cleared up!!!!! Just hoping it's something like this!!!!
Last edited by kaza on Sat Sep 20, 2014 7:47 am, edited 1 time in total.
 
 

country girl

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Post by country girl » Sat Sep 20, 2014 8:08 am
I really feel for you and like others have said it is dreadful that a letter is sent to you like this without a proper explanation. Why do these things always turn up on a Friday?
I do hope that you get this sorted out on Monday so that you can enjoy your birthday.
 
 

relieved33

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Post by relieved33 » Sat Sep 20, 2014 8:08 am
I am sure it will be. How did they think you could pay your undisclosed asset when they haven't told you how much! Doesn't help much for this weekend thinking it's an error though I imagine. Have a lovely day on Monday once this is sorted.
 
 

Foggy

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Post by Foggy » Sat Sep 20, 2014 10:16 am
Hi. Sorry to hear of this mess.

Has anything been done regarding PPI ? GT get pretty worked up about that and it could be related to PPI.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kaza

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Post by kaza » Sat Sep 20, 2014 10:23 am
hi yes ppi been paid to the sum of £12500 two years ago!!
 
 

Shining

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Post by Shining » Sat Sep 20, 2014 10:53 am
Ring them first thing and hopefully all will be clarified, then go enjoy your birthday treat. Happy birthday for Monday by the way.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

kaza

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Post by kaza » Sat Sep 20, 2014 11:43 am
thanks everyone I really hope it's just another GT mess up fingers crossed the live up to their rep of messing things up!!!!!
 
 

kaza

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Post by kaza » Mon Sep 22, 2014 10:43 am
Well folks ....... I think it's good news the breach is because apparently I hadn't sent in my month 54 house valuation in! I infact did and had a reply off them saying because my iva had been extended by 12 months back in 2011 they won't undertake the equity review until month 66....... Ironically I have an ongoing complaint over this issue as my creditors report stated month 54 not month 66 and I complied with my chairmans report and GT request and supplied them with all the documentation for the review!! I'm relieved but fuming that I received a letter of this nature especially as it gave me no explanation as to why my iva is in breach!!!

They are ringing me back to confirm once going through all my correspondence that I am not in breach!! But I know I sent the paper work in and have a letter stating the received it so phew ......., just need them to sort it all out ASAP because as things stand I'm still under £5 equity clause but who knows if I have to re submit next year???

Karen x
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