Told I need to start a new IVA by GT although I have made 5 years of payments.

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Craig.74

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Post by Craig.74 » Mon Jul 07, 2014 7:29 pm
Hi all
Just wondering where to go with my IVA. I got laid off work in 2012 and at that time had an IVA with Grant Thornton. I rang them to inform them and was told to keep them updated when I started work. I rang them today to inform them I have found work and would like to continue. I have made 5 years of payments but was urged to extend to and extra year before I got laid off. Today I was informed that my IVA had failed due to lack of payments even though I have not received any communication from them.
I have now been told I will need to start up a new iva even though I have paid 5 years of payments. How true is this and where can I go with it
Many thanks in advance
 
 

Foggy

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Post by Foggy » Mon Jul 07, 2014 7:47 pm
Hi. Much will depend upon the advice you were given, word for word. If you were on an agreed break they cannot terminate the IVA on grounds of non-payment. They should also not terminate without giving you due notice of a breach and the opportunity to rectify it.

Personally I would ask for transcripts of the relevant phone conversations to check exactly what was, and was not, agreed. If the conversations come out in your favour and useful guidance is not forthcoming, instigate a formal internal complaint with GT. If this goes nowhere, then you are able to escalate any complaint to their regulators.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Craig.74

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Post by Craig.74 » Mon Jul 07, 2014 8:13 pm
ok I will do that thanks
I am awaiting a return call within 48 hrs. was on a call with an advisor who put me through to a closed department and when I rung back the offices were closed even though it was immediately.
 
 

Craig.74

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Post by Craig.74 » Mon Jul 07, 2014 8:15 pm
Also is it right I would have to start a new 5 yr IVA
 
 

Foggy

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Post by Foggy » Mon Jul 07, 2014 8:41 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Craig.74

Also is it right I would have to start a new 5 yr IVA
This is a possibility -- depending upon the outcome of the current discussions. Again, were I in your shoes, I would have a word with a couple of IP's from smaller, more personal, firms. There might be some precedent for this.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

luluj

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Post by luluj » Mon Jul 07, 2014 9:52 pm
I think you need to establish via your IP at GT exactly the position of your current iva ... Whether it has been paused officially whilst you sought work or whether it has failed through non payment. If the latter in my opinion you should have received notification in writing and also creditors would have started coming back at you by now.
Have you checked your credit report to see what the section on public records show ...does the iva still show as active ?
You certainly have to speak to your IP to resolve this.
Sharing from experiences of dealing with debt

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

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Craig.74

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Post by Craig.74 » Tue Jul 08, 2014 10:13 am
Morning all.
Just been in talks with GT and they tell me it fails through lack of payments in July 2nd. I explained what I was told originally about contact them when I was back in work. They say they have tried ringing and sent numerous letters out which I know is not true. Being 5 years in I wouldn't let it go to the failure.
I have also asked for a copy of the transcripts of the calls to which I was told I couldn't have one.

They said I need to talk to the advice team about it which I rang who then told me it's nothing to do with them and need to talk to the customer services team who then passed me back to the advice team. Sooooo confused now.
Any help would be appreciated.
Thanks
 
 

UpToMyNeckInIt

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Post by UpToMyNeckInIt » Tue Jul 08, 2014 10:31 am
What a mess.

I think a formal complaint to your actual IP is in order.

I would hope that you could salvage the iva. I agree with the previous comment that if it had failed you would surely have your creditors chasing you.

GT are useless: I know a customer of theirs who has not paid into his iva for the last 18 months (he wants to go BR). Despite writing to them to this effect, he has not heard from them in all that time.

So I can well believe that they have made no effort to contact you, and now some customer services employee realises that the mistake is theirs, and is trying to cover their own backside.

So forget phoning. Put pen to paper.

Sincerely hope you sort this out, and let your know the outcome.

If you so have to put yourself through another iva, be sure to tell GT that you will not give them the business.
Last edited by UpToMyNeckInIt on Tue Jul 08, 2014 10:32 am, edited 1 time in total.
My opinions are just that: Based on my experience and being a self-employed IVA customer.
 
 

Adam Davies

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Post by Adam Davies » Tue Jul 08, 2014 10:33 am
Hi

A formal complaint to GT

It is almost criminal to fail an IVA after 5 years without good reason.

Have you moved house in this time ?

Regards
Andam Davies
 
 

Foggy

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Post by Foggy » Tue Jul 08, 2014 11:07 am
From earlier posts, this is the GT complaints procedure (if it gets as far as complaining to the Regulatory Body (IPA, in this case)the complaint will be against the IP ( who is the member) not the company (who is not):

1 If a client expresses unhappiness with the service provided by this firm, then in the first instance the concerns will be dealt with by the manager responsible for the area that gave rise to the complaint and you will receive a formal response in that regard within one month of the date of this letter. Should we require additional time to investigate the matter, you will of course be advised accordingly.

2 If the matter cannot be resolved by the relevant manager, you can then direct your complaint to my designated senior member of staff Mr Paul Madden at Grant Thornton, Waters Edge, Clarendon Dock, Belfast, BT1 3BH.

3 If you continue to be dissatisfied with my firm's response to your complaint, you can then write to Ms Fiona Beighton - the Head of Quality & Risk Management who deals with any complaints arising from the firm's recovery department - at Grant Thornton UK LLP, 30 Finsbury Square, London, EC2P 2YU.

In the unlikely event that my firm is unable to resolve your complaint you can then complain to my regulatory body – the Insolvency Practitioners Association.
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 » Tue Jul 08, 2014 12:43 pm
It does seem very harsh to fail an IVA after all that time especially due to circumstances beyond your control. If you did move house and changed your email address and phone number then GT would have had little option. Howevere if this was not the case there were other options available rather than closure.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

lubeshio

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Post by lubeshio » Tue Jul 08, 2014 2:39 pm
I have watched this space with interest.

I am not an expert, so cant give an opinion !!

Would just like to say, after being in an IVA for nearly 5 year's, other people don't realise, what brought us to this point in our lives'.

A change in employment history, a dramatic change in health, wellbeing, or just circumstances beyond our control. It's not an easy decision to go to IVA, but the phone calls and mail from debt people, the heart ache and pain suffered, the depression involved, the affect and embarrassment on your loved one's.

It's no surprise we suffer, and then to be told your not out of it when you see the light at the end of the tunnel ????????

Really hope it goes well for you !!

Kev
 
 

Michael Peoples

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Post by Michael Peoples » Tue Jul 08, 2014 3:08 pm
'I am not an expert, so cant give an opinion !!'

Wrong on both counts. You have been in an IVA for almost five years so have valuable knowledge of what it entails. This gives you every right to advise others and advance opinions. The more posters the better especially those like yourself who have real experiences.
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 » Tue Jul 08, 2014 5:26 pm
I agree with Michael. All of our individual circumstances differ, as does the approach of our varying IP's, so it really is a case of "the more the merrier".

"Been there, got the tee-shirt" really does apply here :-)
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

lubeshio

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Post by lubeshio » Tue Jul 08, 2014 7:28 pm
Thanks Both,

In which case I will give an opinion then.
This site is so helpful and free, its so good to get expert advice and speak to like minded people who understand what you are going through. It's great just to chat as well with people in the same situation and try to unburden some of the load " a problem shared etc."

My advice is always take advantage of the generosity of experts and people on this site who are trying to help, before you make any rash decisions.
It can be easy and expensive to go with the flow, listen to the advice and spend some time deliberating your next move.

Some time you feel alone, between a rock and a hard place. Sit down, go through all you can and ask!!!!

Kev
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