www.iva.co.uk

I've had some dark days since my IVA was accepted but I want to begin by thanking all forum members and readers,
We often see posts about companies performing with different degrees of satisfaction - my problem is the actual person in the company. My first IVA payment was in Feb 2006. By the time for my annual review I was struggling and my IP reduced my monthly payments from 1006 20 984 based on having a new look at my outgoings (mortgage and secured loan rises, travel costs increasing (public transport) and increased fuel bills. By the way there is no contingency money in my agreement - the idea of being able to save even £10 a month would be a struggle (re. christmas posts). Since beginning my IVA I have had 3 different IPs dealing with me. The first 2 reolied promptly to messages - the 2nd had been well informed by the first and obviously had all my correspondence. No 3 doesn't reply for weeks - and until reminded by letter or email. He seems unavailable on the phone. He has just looked at my 6 monthly wage slips - and sent a letter saying I must have had a payrise (don't know where this is coming from - they are identical to the last 6 months slips that the company have seen and I have defintiely not had a pay rise) and upping my monthly payment back to the level I was unable to maintain. He obviously either doesn't have access to previous correspondence or hasn't bothered to read it.
I really do think that if a customer (that's me in this scenario - I am paying for a service) is not satisfied it should be possile to take business elsewhere.Would there be anyway to move companies because of lack of efficiency or indeed "value for money" in the service that those of us in an IVA are paying for?

Seems very strange that you have had 3 IPs over such a short period of time - are you sure, or just IP's manager's who are looking after the case for him/her. I assume that you are with an IVA factory type firm?

The relationship between debtor and IP in an IVA is not strictly customer/supplier. Your IP's primary duty of care is to the creditors - but of course they should be treating you fairly and with dignity. You will not be able to change your IP very easily, unless there are very good reasons and you would have to apply to Court to do so. This rarely, if ever, is successful.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

Dear Mrs.Giles,

You mention that "IP'S primary duty of care is the creditors".But according to R3 booklet they are supposed act as 'honest brokers'-to act even-handedly between you and the creditors to ensure that the terms of the proposal are fulfilled.

Thanks.

hara.

Melanie, Thank you for the reply and I'm sure you are right. The IP himself is a name on a form - never spoken or communicated with this individual directly at all.
I am aware that the IPs promary duty is to see that the credit arrangement accepted by the creditors is managed to their benefit and to the sensible benefit of those of us in the IVA. ut if I am paying for a service - maybe there should be a standard sla in place.

Anyway - back to the other matter - can an arrangement put in place by one day to day manager of an IVA be recinded by another? Should I tell hin to talk to his mananger?

To Hara - I think that is what I said! But do rememember that the Supervisor is appointed by the creditors and not the debtor. And our role is to ensure that the debtor complies with the terms of the arrangement and that creditors are eventually repaid.

To kah - There are very strict standards in place to ensure that insolvency practitioners act in accordance with the law and best recommended practice. It is a shame that you feel that your particular firm are not providing this for you at present.

Your ultimate recourse to deal with the inconsistent manner in which your IVA is currently operating is to insist on speaking to the IP personally. It is a shame in some of these larger firms that IP's seem reluctant to have any day to day dealings with their clients.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp