I have previously made a formal complaint against my IP due to a catologue of errors on their part, namely the lack of communication and being wrongly advised during the 5th year of our IVA. Our IP gave us the option of equity release, which we are currently pursuing, however, after numerous attempts by our IP to block this avenue, we have today been informed by the equity release company that one of the creditors which we were led to believe was included in our IVA shouldn't have been and our IP has requested a refund of all monies paid throughout the 5-year duration. We have evidence to support that this creditor was and has been part of the IVA since the start in 2009, including annual reports to creditors. Yet again our IP has failed to communicate and mislead us. Worse case scenario is we still owe the creditor the full debt plus 5-yrs worth of interest through no fault of our own, furthermore, any monies refunded to our IP would more than likely be kept by them. I am seeking legal advice first thing tomorrow, however my query is would I need to make a formal complaint again to my IP on this matter, or could I go straight to the ombudsman?
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Michael Peoples
Did the creditor secure their debt before the IVA started?
Apparently so, but this has never been highlighted and our IP has made payments throughout the 5-yr duration. It's only now they are claiming it shouldn't have been included.
We have had no communication from them whatsoever on this matter.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Lisa Thomas
I can recommend a specialist solicitor if needed.
in all honesty we are unsure as to what action to take, clearly this is a major error on our IP's part and we shouldn't have to suffer as a result of their wrongdoing. Any advice would be greatly appreciated.
If the creditor lodged a claim in the IVA they might have given up their rights to security... Suggest you speak to a solicitor. Feel free to DM me for details.
