So if my IVA company is basically doing their level best to annoy me can I call a creditors meeting to clear things up and get things moving along as they should do?
Yes of course. Standard terms of an IVA state that the creditors or debtor (you) can request a meeting of the creditors and the supervisor has 21 days to respond and arrange it.
I guess you'll have to state your reasons and agenda but there appears to be no provision for the supervisor to be able to refuse.
Ultimately as I understand it you can table a motion to remove the supervisor and appoint another as can the creditors.
Hope this helps but I think it would be a last resort.
Creditfix right? You might try Greg before taking drastic action.
You can request a creditors meeting but prior to doing so you should explore all options with your IP / IVA firm. If there is a problem then it is important to try to resolve it direct initially. Your IP is working for both you and your creditors and will be seeking the best return to creditors available.
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
Sorry Luju but I would disagree with your comment that "your IP is working for both YOU and your creditors".
Those who have been transfered over to CF cannot see it in this way. Maybe we were spoiled by PJG and there accessibility and transparency. SUsan Wrigglesworth and CF have adopted every avoidance tactic ever written, and calls into question the credibility of an IVA over BR.
I would see the calling of a variation meeting as a last resort, but I personally am one stop away from commencing that action!
There is only one IVA company currently annoying folk on this forum.
Greg seems to have gone underground, with the ubiquitous message of "email me".
Might has well close down the forum then!!!
I would be keen to hear what the elusive Susan Wrigglesworth has to say regarding your proposal to call a VM of creditors - assuming you manage to tie her down of course.......
With PJG, it was payslips, I&E,a P60 and off you went, a bank statement in basically invasive.
It also shows that the whole trust thing that the IVA is based on is not on creditfix's agenda, so I don't trust them with my financial information.. petty, but simple.
The entries on my bank statement are personal, and that's howmit will stay. I have no problem offering up payslips, P60 and a list of DD. What I spend my money is my business, and absolutely nothing to do with our IP.
I can honestly see where you're coming from here - if we'd always had to send bank statements we'd have been happy with that from the start, but being an ex-client of Melanie's I know how simply reviews were conducted and non-intrusive too.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
I wasn't particularly chuffed about having to send off bank statements myself to be honest...
I have to say though, I do genuinely feel you will struggle to convince your creditors that the IVA supervisor's request to see recent bank statements at review time is unreasonable.
How far have you got and what sort of dialogue have you had with them?
I am dealing with Wriglesworth directly, she is being stubborn (and not really understanding of contract law), as if you combine 8(2) on the terms with 10(11) on the terms (2010 version) where it clearly states.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>10(11)The supervisor is required to review the debtor’s income and expenditure once in
every 12 months by reference to latest form P60, pay slips and proof of increase
in any expenditure. The debtor will be required to increase his monthly
contribution by 50% of any net surplus one month following such review.
10(11) limits 8(2) to payslips / P60, and bank statements are not a reasonable request. (Other IP's feel free to chime in if you want (My beef is not with you lot))
You can see why I'm happy to call a creditors meeting to
1) Show Creditfix that we are not to be messed with (ex PJG clients)
2) Have Susan removed from office (the creditors meeting will have that on the agenda) - can't gaurantee that I can pull this one off, but I'll try.
Last edited by doritos on Wed Jan 28, 2015 8:47 pm, edited 1 time in total.
We do not ask for bank statements unless they are needed for specific back up. We do not care whether you shop in Lidl or Waitrose but there would be another worry about providing bank statements to CF. Many of our clients have small savings accounts [which we strongly encourage] and bank statements would show any transfers from the main account to the savings account and according to another thread CF count savings as an asset and could grab them.
