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ZeeBee81

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Post by ZeeBee81 » Wed Nov 19, 2014 9:17 pm
Hi, This is my first post to this forum, I do hope someone can offer some advice.

We entered into an IVA in October 2009 initially through Simple debt solutions. In Dec'13 it was passed over to Creditfix. In our opinion they are not very on the ball at all compared to simple debt solutions!
In the past year we have received one welcome letter in Dec'13 and then nothing until we started ringing them as our IVA was coming to an end.

We rung on 2 separate occasions in Aug'14 to confirm when our IVA was finished, they said "our final payment to be made on the 5th Sept'14 and then they will send us a final review".

We FINALLY received our final review letter which informed us that we had £1021.00 arrears outstanding.

We rung them regarding this and after initially telling us the we had nothing outstanding in Aug'14, they then said we had £500 outstanding, then they said "no, the letter is right, its £1021".
So we informed them that my partner was being made redundant in Dec'14, are we able to make a final payment of £1021 arrears with his redundancy, they said "YES, thats fine"..we then asked him to confirm it again and again on the phone that this was ok..just to make sure we were all understanding correctly, he said "Yes, once we receive that final payment we will then process your certificate of completion which should take 6-8wks to come through"

Great we thought.

Tonight we received a phone call from Creditfix, saying "Are you getting made redundant?, what phone have you got??, could he take a pic of all the relevant redundancy info and email them to us"!!

Then saying that they will be taking a percentage of the redundancy as its a 'windfall'.
But aren't we finished with the IVA?

They told us we are done!!.
We stopped all monthly payments to them after the 5th September payment on their say so!
They agreed that we could pay the final arrears off with the redundancy!

They guy on the phone this eve said that the individual that gave us that information (paying the arrears with the redundancy) was wrong to do so and is being disciplined [:(!]
My partner then informed them that the company is a p*ss-take and they don't seem to have a teeny tiny clue as to what they doing!! [:(!]
We honestly can not believe a word that comes out of their mouths. He said tonight that the money outstanding was £1200 as opposed to £1021 that was on our letter!!

Now where do we stand? Can they take a parentage of the redundancy money? What if we pay the arrears off asap? They would have to get the ball rolling with the completion certificate, yes?
We have done the whole 5 years as originally agreed, we literally have £1021 outstanding according to our final review.

Please help. My partner had just turned down a job role within the same company (less money) as we believed we had completed our IVA so he would be in a better position to look into getting a better job [:(]
 
 

Foggy

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Post by Foggy » Wed Nov 19, 2014 9:34 pm
Hi. I am afraid that, until you get that completion certificate you are still in the IVA and redundancy can be captured. The usual scenario is that all except the equivalent of 6 months salary has to be paid over.

You could try a formal complaint to CF or escalate a complaint to their regulators through the government gateway.

https://www.gov.uk/complain-about-insol ... actitioner
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

ZeeBee81

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Post by ZeeBee81 » Wed Nov 19, 2014 9:47 pm
Thanks for your reply. The more I think about it I know they are right. We just feel completely messed about by Creditfix, They don't know their arse from their elbow!

So even if we pay the outstanding now, before he's made redundant they could still take a cut of the redundancy? (it would be early next year he'd be paid it)

So until we get that final completion certificate, they have us by the short and curly's?[:(!]

How long does it usually take for the completion certificate to come through?
 
 

ridingthestorm

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Post by ridingthestorm » Wed Nov 19, 2014 9:54 pm
Creditfix strikes again. That's two posts today about how un professional they are !

Good luck zeebee81 and hope you get it sorted soon
Last edited by ridingthestorm on Wed Nov 19, 2014 9:56 pm, edited 1 time in total.
Loved Money, Hate Credit, Road to Recovery.... IVA started 3/3/14 -- IVA F&F accepted 18/5/17 :D
 
 

hubert

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Post by hubert » Wed Nov 19, 2014 10:34 pm
Do you agree that you have £1021 owing?

Are you confident in the calculations?
One pay-cheque away from oblivion!
 
 

Foggy

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Post by Foggy » Thu Nov 20, 2014 7:57 am
If he has had formal notice of redundancy it will be captured by the IVA.

Completion can take up to 6 months in most cases, many firms take far less, and a few take a lot longer. CF is, I am afraid, a bit of an unknown quantity.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Thu Nov 20, 2014 10:50 am
I would suggest a variation be called as the failure to close files has not always been the fault of the clients. The variation should allow for the redundancy funds to be excluded once the arrears have been cleared and I see no reason for creditors to reject this.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Foggy

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Post by Foggy » Thu Nov 20, 2014 12:06 pm
It will be interesting to see how CF deal with this. A sympathetic firm would take the actions you set out, Michael, but I have my doubts at the moment. Let us hope they come through.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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