Everlengthening IVA - Part 4 - The case for war

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chris_

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Post by chris_ » Mon May 14, 2007 6:18 pm
Hello All,

I have finally gone through all the info and made some sort of sense of it all. Below is the basis for my complaint to my IP. Melanie, it would be great if you could once again give me your opinion on these. This has now been typed up in a letter and is ready to go.


Original 3 yr proposal was for 50 hrs and £3,200
therefore 5yr should be approx 80hrs and £5,000
Plus £1500 nominees fees.

Total of £6,500 approx (as they never gave me a 5 year fee estimate)
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Total charges to date (after nearly 6 yrs inc nominees fees)
£19,583 plus vat & counting
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Having studied every entry and extracting every one that applies to me, my creditors, the court, my solicitors,any entries marked without info (£900)any marked just 'letter' near to other entries to creditors etc - absolutely anything that I can see that is not clearly and directly down to the IP - I have even included all the references to the annual report work in here.

Total costs - £5,712

(This does not mean that I agree with all these entries, or that they may be all that is attributable to me or the creditors, rather they are my best stab at extracting the info) - but I can't be that far out. (eg there could be an entry for 'case review' which is as a result of something that has happened - if there is then it has not been marked as such)
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This leaves £13,871 in administration - consisting of banking, payments to themselves,filing, file reviews, case reviews, agents fees (2006 so not to do with initial proposal),new supervisor work, change of staff, computer work.
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Some General Complaints :

Original hourly rate in proposal was £45-90hr but started at £110hr - Supervisor was on £180/hr after 4.5 yrs - double that of the original proposal, and he had lots of case reviews!

The costs for installing a new supervisor to my IVA has been charged to me - ie costs of all paperwork and banking work for changing supervisor - and of course 'case reviews'

The costs for change of staff has been charged to me - meetings between old staff and new staff to hand over files and discuss these files has been charged to me.

The bank accounts keep changing and the costs for changing the accounts has been charged to me.

Basic secretarial work has been done by senior practitioners/managers etc on massive hourly rates when they have been done by secretarial staff in the past on low hourly rates - I don't mind who does the filing and the photocopying but I expect to be charged at the lower rate not the higher!

Mistakes by IP staff have been investigated and corrected by other members of staff, and then the cost charged to me.
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Some examples of individual Items of Discrepency.

I asked for copies of some invoices in 2003, they posted me some and charged £72 for doing it, they then phoned me to tell me they had sent them and charged me £10 for the call.

When the new supervisor took over, the bank phoned my IP because it wanted his passport or driving license for authorising access to bank accounts - this call cost me £23

They spent £50 checking and re-issuing one of their own invoices which they didn't pay themselves.

One member of staff checked to see if another member of staff had posted a letter - this cost me £13

There is an entry where a cheque for something was refunded and their cash book corrected - this cost me £52

One member of staff on £125/hr had 7 case review meetings in 3 months in 2006 at £12.50/time and the Supervisor on £180 had 7 case reviews in the preceding 6 months at £90/time - at no other time throughout my IVA has there been anywhere near this level of case reviews.


Just as an example of costs of admin I took June 2002 at random -

11/06 - Inv Payment/Cash Book/Filing - £21
11/06 - cheq/invoice - £11
14/06 - Banking - £11
17/06 - Contribution - £7
18/06 - Banking - £11
19/06 - Banking - £7
21/06 - Banking - £11
26/06 - Banking - £11

Total of £90 in one month in 2002 at random just for banking.

These are just a sample of the entries in the WIP and demonstrate
how my IVA has been run by my IP.

Chris
 
 

MelanieGiles

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Post by MelanieGiles » Mon May 14, 2007 6:27 pm
Chris

All of this is fine and your perception of the issue is commendable. See what they come back with before you decide what to do, but give them firm timelines to revert to you with their response. Make sure that you convey that you are prepared to settle this matter amicably, and are prepared to meet them somewhere in the middle, as you accept that they have had additional work to carry out, but that you feel that the majority of their charges cannot be justified.

You have a good case here, and one which I will watch with interest.

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

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Post by Adam Davies » Mon May 14, 2007 7:52 pm
Chris
You must get a refund,if not then there is something very,very wrong with this industry.Have you checked to see if they were charging you for their xmas party ??

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp
Andam Davies
 
 

chris_

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Post by chris_ » Mon May 14, 2007 8:41 pm
Thanks Melanie, will keep you informed.

Andy,
Can't find an entry for christmas party, I am sure I have paid for a few holidays in there though!

Yet another taster -
The IP lost a bank statement, a member of staff tried to find it, they couldn't do so they phoned the bank. The bank sent them another statement and then another member of staff filed it where it should have been.

Who do you think paid for that ? Any guesses ?

Here's a good one though, in 2003 the IP thought that his fees were too much so he knocked £2,000 off them to bring them down !!! - didn't make much of a dent in the charges though did it.

Chris.
 
 

tracy.h

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Post by tracy.h » Mon May 14, 2007 9:14 pm
I should think by the looks of that you paid for all there chritmas pressies easter eggs valentine pressys
and any other freebies they have enjoyed at your expense,its quite scary,how many others have not questioned there bills quite a few i should think,i'd get this complaint in quick other wise the whole firm are probably going to be away on an all expensis luxury cruise,and guess who footed the bill!!!!
 
 

MelanieGiles

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Post by MelanieGiles » Mon May 14, 2007 9:21 pm
Someone is going to get fired, when that IP realises what a hot potato you have in your hands. How embarrasing this is - for the firm.

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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