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font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>hi I have been advised by kingsgate today that my IVA is to be terminated in month 71 of 72 as they haven't received 1 document which I have sent them and they haven't ever confirmed they didn't receive it so I thought all was fine, I have had several emails off my CSO who is of little use in all honesty. I was made redundant this year in Feb and received £2200 (I used to earn £550'per month) I was out of work for 5 months so this covered my bills. i found evidence on line that I am aloud to have 6 months worth of wages if I have no job to cover my living expenses, I have pointed this out to them, but they disagree which I feel may be a reason they want to terminate.
If they chose to terminate can I speak to my creditors directly and arrange to pay the last few payments they would have got through kingsgate directly?? I am not really sure where to go from here. Debt level was high approx £42k and we have paid £250 a month for 6 years, we are just under 3 months arrears too which we have been paying back at £115 per month. my IVA began 16.11.09
please help.
at the minute I regret ever taking it on.
You are so close to the finish line don't give up. From now on only converse with them in writing (email and recorded delivery letters) and keep a copy of everything you send.
I presume they have issued you with a breach notice ? (As I understand they can't just terminate without issuing one first) in which case you want to write to them asking for the exact written reasons they intended to terminate/breach and what the remedy would be for each point listed to avoid breach/failure.
Also advise theta you believe you have complied with all their requests to date suggesting if it is due to missing documents (as suggested in phone conversations) this must be an administration error on their part as these were sent on xx/yy/zz.
You are correct that if made redundant you are allowed 6 months living money from that payment (under normal rules) but if they haven't quoted that as a reason then no need to mention it.
Also at the end of the letter advise that you wish all communication to now be in writing such that it can be escalated to their regulators and the insolvency serive if required due to the gravity of the situation.
Ask them specifically to list the failings you have allegedly made and proof of when these were communicated to you in writing and for a period of time eg 30 days to correct any alleged short comings which you do not believe have been communicated to you which should have been in their roles as supervisors.
That should get you the black and white of exactly what they want and buy you time to respond constructively to each point they raise or create a plan to see the IVA through,
The above coupled with phrases like keen to resolve the situation/ misunderstanding and feeling this can only be achieved through clear written communication should make them sit upright and not try and take you for a ride, you might as well ask them to send you their complaints procedure in writing too while you're at it.
Remember - if it was me,no more talking about it on the phone, written only so proof of all correspondence can be sent to the relevant people if you need to escalate this and make a complaint about the firm. I generally favour sending by recorded and then emailing them same day to say this has been sent today by recorded. Address it to the name of the IP who signed your agreement back in 2009.
Good luck
