My IP is always 'unavailable'

[nick]

HI MELANIE, I WROTE TO YOU LAST WEEK ASKING CAN I OPT OUT OF AN IVA. I FOUND YOUR ADVICE VERY HELPFUL BUT ALL TO NO AVAIL!
I AM FINDING IT IMPOSSIBLE TO TALK TO MY IP ON THE TELEPHONE, HE IS ALWAYS "UNAVAILABLE". WHEN EVER I RING CLEAR START THEY SAY SOMEONE WILL RING BACK BUT THEY NEVER DO.IF YOU REMEMBER THEY WANT £478PM AND I HAVE BEEN PAYING £307 WHICH I WAS TOLD I WOULD HAVE TO PAY. I WAS TOLD THE £478PM WAS A "PROVISIONAL FIGURE" THEY DENY TELLING ME THIS. YESTERDAY I PAID ANOTHER £307 AND I DO NOT WANT TO KEEP PAYING THIS AND OWE THEM A LOT OF MONEY AT THE END.
THIS IS CAUSING ME A LOT OF WORRY, PLEASE CAN YOU ADVISE ME WHAT TO DO. WOULD YOU ADVISE ME TO GO BC AT THIS STAGE? I AM NOT GOING TO KEEP PAYING THIS £307PM IF IN THE NEAR FUTURE I LOSE IT ALL, I HAVE NOW PAID NEARLY £4000.
THNKYOU FOR YOUR TIME I LOOK FORWARD TO YOUR REPLY. NICK

[MelanieGiles]

Hi again Nick

The head of Cleardebt is David Mond, and if he is not your IP I suggest that you call him to say that you wish to make a complaint against one of his IP's for not returning your calls. Who is your IP by the way, and have you ever met anyone from Cleardebt at all? If your calls continue to be unanswered, start making a log of the calls and take the name of the message taker if you need to formalise a complaint at some later stage.

I suggest that you send no further money to this company, on the basis of their lack of co-operation, but do write (recorded delivery) to tell them why you have ceased payments and that you are going to hold the unpaid monies in an interest bearing account to the order of your creditors. If they have falsely accepted modifications on your behalf, then this definately gives you grounds for a formal complaint to the IP's regulatory body.

Obviously do not spend that money - but keep it safe in a deposit account pending the resolution of this matter. I definately do not advise you to go bankrupt at this time. If what you say is correct (and do be sure about that conversation you had with the Clearstart representative on the day of the creditors meeting - as you can be sure that they will say that you accepted the increase), then you have had an appalling service and this needs to be addressed as a matter of urgency by this company.

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

[nick]

HI MELANIE
I HAVE FINALLY JUST SPOKEN TO MY IP. HE IS ADAMANT I MUST PAY £478, I TOLD HIM I COULD NOT AFFORD THIS AND HE SAYS THAT HE WILL SEND ME A NEW EXPENDITURE FORM TO FILL IN.WILL KEEP YOU INFORMED
NICK

[MelanieGiles]

Nick

This is totally missing the point. The point is that you say those modifications were accepted for you when you did not agree to them. Get them to produce evidence of your agreement in writing.

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

[mondo]

I am David Mond and this case has nothing to do with me or ClearDebt Limited.

Clear Start is a separate company with no connection to me or ClearDebt and Melanie needs to check out her facts before casting aspersions about me or ClearDebt.

Nick - you should write to your IP and explain that you wish him to propose a variation to your arrangement and give the necessary reasons as to why you can currently only afford a smaller monthly contribution. You could also ask your creditors to suggest a new Supervisor be appointed. You can contact me on 0161 228 744 for any further advice

[MelanieGiles]

Can I just publicly offer my apologies to David Mond for confusing his company of Cleardebt Limited with the subject matter of this February posting being an IP provider called Clearstart.

I was not seeking to case aspersions about anybody, merely trying to help point the debtor in the right direction - unfortunately getting the companies muddled up in the meantime.

I have spoken to David this afternoon personally, and he has graciously accepted my apologies.

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