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Allover

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Post by Allover » Thu Aug 20, 2015 9:42 pm
I was one of the PJG customers that was transferred accross to CF and since then my IVA has finished, with the completion certificate being received a while back.

Along with many others I received a letter about the mass variation and even though my IVA had potentially finished I wrote and declined to be involved.

I then got the standard letter like most to say a variation had taken place and everything had been approved including the increase in IP fees, but unfortunately the proposed 50% PPI variation was declined by the creditors. It did make me laugh.

Anyway, after reading a number of threads on here I wrote to CF and asked why the variation had gone ahead when I had not agreed to this. Received a lovely reply to say sorry it was an admin cockup and your variation didn't actually take place - and I was one of "only a few" people this had happened to. Again I laughed after reading a myriad of comments on here of customers getting similar letters.

Now my dilemma is that I have my completion certificate and am very very very happy to be out of the IVA. However, my completion certificate says "the arrangement has successfully completed in accordance with the terms of the proposal as amended. The terms of the arrangement where varied at a general meeting of creditors on ...... (The same date they said it didn't happen) and was approved. "
And yes you guessed it, the variation has increased fees to 23%.

The closure report lists all the relevant payments including the supervisors fee, which for the last year, as far as I can tell, is at 23%.

To be blunt, I think CF have been dishonest, not only to myself, but to my creditors and really couldn't hide behind a administration error on this. But, with my completion certificate in hand, should I just let this lie and look forward to building my credit and getting back to some semblance of normality?

Or take it to the ombudsman and flag this up. Without being incendiary, I really don't think I am the only one but this just my opinion with no evidence.

To have the last laugh the variation that CF says happened in the CC actually gives me 50% of the PPI. isn't that ironic.

What say you ? What would you do ?

Allover
 
 

lifenoteasy

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Post by lifenoteasy » Fri Aug 21, 2015 7:51 am
"To be blunt, I think CF have been dishonest, not only to myself, but to my creditors and really couldn't hide behind a administration error on this. - See more at: http://www.iva.co.uk/forum/topic.asp?TO ... kV2LT.dpuf"

You could use that as the basis of your argument to the Insolvency Service.

Really it comes down to how much do you need to do this or whether revisiting the past is needed.

We have never even had the letter stating that the variation meeting took place or anything linked to the outcome.

You could do it as a fire and forget action and see if anything comes back in a couple of months.
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.
 
 

luluj

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Post by luluj » Fri Aug 21, 2015 3:20 pm
If it were me I would let it go ... your debt free and life is good right now ..why re-open the past and potentially have the worry and sleepless nights return!
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

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Michael Peoples

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Post by Michael Peoples » Fri Aug 21, 2015 3:33 pm
Well done for getting to the end but I can see why you would be a tad miffed. It looks like there was some form of variation so personally I would be asking what happened. If there was no variation then why is the report wrong and if there was a variation I would be asking for half the PPI money!

I cannot see how a variation would be valid anyway unless requested for and signed by the client. If one did take place it will be for the regulators to determine whether it should stand.
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
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