When were IVA's made 'legal'

[CCCS Counsellor]

If as a result of the review, this changes the clients' best advice, then we discuss the options and then the client decides which route they would like to take.

Options??? The only options given to me by the CCCS were either a DMP or no DMP. No-one from the CCCS has ever mentioned the letters 'IVA' to me


From a CCCS perspective, what are the qualifying criteria for an IVA?

CCCSVA follow the IVA protocol. There are many different issues that must be taken into consideration and each client is assessed on their individual circumstances. We will assist each client in preparing a monthly budget based on the CCCS budget guidelines and if the surplus is sufficient to offer a return to creditors, we would be able to consider them for an IVA. Alternatively, we can also consider an IVA if there is a lump sum available.

[jane.l]

so why is your organisation telling debtors that they will not be allowed to go bankrupt?

[CCCS Counsellor]

Hi Jane,

Sorry for the delay, in your reply.

We do advise many clients’ to go bankrupt if this is their best option. If bankruptcy is not discussed as an option, then this could be down to specific factors such as the affect bankruptcy would have on a home, occupation, or if client has mentioned there maybe positive changes pending in their situation.

At the CCCS we have a specialised department that only deal with clients’ that are going down the route of bankruptcy. The bankruptcy team deal with many different queries to do with bankruptcy, the team help clients’ complete bankruptcy forms if added support is needed, and also signpost clients for aid with bankruptcy fees’.

With regards to Daniels post, CCCS is indeed funded by the credit industry and this is something that we do not hide. I have attached a link to the CCCS website that explains about how the fair share contribution works http://www.cccs.co.uk/about/funding.aspx .

Although we are funded by the credit industry, there is sometimes a misconception that this has an impact on the advice we offer. The advice given to our clients is dependant on the individual’s budget and on their current and future circumstances.

Hope this helps

CCCS

[MelanieGiles]

Could you answer my question please about offering IVAs to your existing DMP client base. And also could we have some idea when the new CCCS guidelines will be issued please.

[jane.l]

nicely side-stepping my question there, I refer to this thread as an example

http://www.bankruptcyhelp.org.uk/forum/ ... 8675#37696

This is just one of a number of cases recently where CCCS is telling debtors they are not ALLOWED to go bankrupt, call me cynical but is this because CCCS are funded by creditors?

[CCCS Counsellor]

Could you answer my question please about offering IVAs to your existing DMP client base. And also could we have some idea when the new CCCS guidelines will be issued please.

Hi Melanie,

We are very busy at the moment so I can not always reply straight away.

We are not reviewing our existing portfolio. If a client's circumstances have changed when the annual review is conducted, then we will discuss other options with them.

The CCCS guidelines are currently being reviewed and the outcome will be circulated when this is complete.

Kind Regards
CCCS

[Skippy]

We do advise many clients’ to go bankrupt if this is their best option. If bankruptcy is not discussed as an option, then this could be down to specific factors such as the affect bankruptcy would have on a home, occupation, or if client has mentioned there maybe positive changes pending in their situation.

At the CCCS we have a specialised department that only deal with clients’ that are going down the route of bankruptcy. The bankruptcy team deal with many different queries to do with bankruptcy, the team help clients’ complete bankruptcy forms if added support is needed, and also signpost clients for aid with bankruptcy fees’.

CCCS

But surely all options should be discussed and explained to the client whether they are suitable or not? At the end of the day someone can only make an informed decision if they have ALL the facts in front of them.

[CCCS Counsellor]

nicely side-stepping my question there, I refer to this thread as an example

http://www.bankruptcyhelp.org.uk/forum/ ... 8675#37696

This is just one of a number of cases recently where CCCS is telling debtors they are not ALLOWED to go bankrupt, call me cynical but is this because CCCS are funded by creditors?

Hi Jane,

Thank you for your response, as mentioned in previous messages I can not comment on specific accounts as I can not access them while working on the forums. If a client is unsure about why a solution has or has not been discussed then we are more than happy to book them in for another appointment to discuss this in more detail.

CCCS is here to offer advice to individuals; the ultimate decision is up to the client which route they would like to take. Whatever route a client chooses to take we can guide them through the process.

Regards
CCCS

[jane.l]

yes, but certain clients are being told they are "not allowed" to go bankrupt, when they clearly can if they wish and they should be informed of this option

[kallis3]

I quite agree.

All prospective clients should have every option explained to them when they initially phone up, for some people bankruptcy is the best route for them, or they may want to go down that road.

Once they have been informed of all the routes, then they can decided which one is best for them.

They shouldn't be told they can't go bankrupt.

[topgeeza]

CCCS is here to offer advice to individuals; the ultimate decision is up to the client which route they would like to take. Whatever route a client chooses to take we can guide them through the process.
Regards
CCCS

But surely all options should be discussed and explained to the client whether they are suitable or not? At the end of the day someone can only make an informed decision if they have ALL the facts in front of them.

My thoughts exactly!!

The CCCS have (a) NEVER, at ANY time mentioned IVAs to me and (b) NEVER informed me that a creditor could POTENTIALLY report an 'Arrangement to PAY' (AP) flag to my credit file for the entire 11 year duration of my DMP which would then stay on my credit file until 6 years after the last entry! A total of 17 years!! I could very nearly be bankrupted 3 times for that period of time!!

This is an absolutely irrefutable example of failure on the part of the CCCS in their capacity of an 'advisory service' which is having an enormously negative impact on my past, present and future financial health.

I WILL certainly be seeking recourse on this matter and will exhaust all potential avenues to achieve this.
I would greatly appreciate the ongoing support and guidance of all of you wonderfully helpful and knowledgeable people on this forum as I proceed.

F.A.O CCCS Counsellor : I have already initiated a formal complaint with yourselves and have received an acknowledgement letter confirming this

[kallis3]

Be interesting to see what they come back with Neil.

[Adam Davies]

Hi
Can we just give credit to the CCCS for posting and allow them a little time to settle in.
It is really good to see that they have come onto the forum and are making time to post.
Great to have you on the forum CCCS !!!
Regards

[angelrainbow]

They do seem to have had something of a baptism of fire! welcome from me, CCCS.[:)]

[Adam Davies]

Hi
That sums it up very well angelrainbow !!!
Regards