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ginger3232

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Post by ginger3232 » Thu Apr 07, 2011 11:42 am
Hi - it would seem very difficult to blame anyone individual for this, it seem like a collection of misinformation. Perhaps it just points to the need to understand what your signing up to.

I hope the situation can be sorted to everyones mutal satifaction
 
 

kallis3

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Post by kallis3 » Thu Apr 07, 2011 12:16 pm
I second that ginger.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

debritout

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Post by debritout » Thu Apr 07, 2011 9:42 pm
I do thank you all for posting on this however with all due respect i think a few people are missing the point of what Im actually saying here are the bullet points

1: I only entered the IVA as at the time as I explained I had divorce pending and my head was a real mess I was convinced that I along with my ex had a joint loan of 25000 with natwest, I put this forward to BE they didnt check it out other wise had I realised this I certainly would not have entered the IVA but come to another arangement.

2: I dont know why it took 4 years for Natwest to come forward and say actually BE that particular loan is not in youre clients name only her ex husbands.

3: When the letters started being sent to the BE from the solicitor they did actually send a letter saying that if I could prove that the Natwest loan was not in my name they would REFUND all ther monies and the IVA ended.

4: From what I have learnt from various people a IVA for under £5000 would not happen as its not considered enough thats the advice i have been given from other professionals in the industry.

5: Their fee is a joke I dont care how reasonable anyone thinks it is it shouldnt have happened in the first place this all should have been checked out and hence this is the Solicitors argument now weather you love/hate solicitors they have been to law school the lady dealing with my case has been very helpful and I really dont think she would put me in a difficult situation.

6: I refuse to take the blame for this I was in a vunerable state and of course you look back on things and think I shouldnt have done that. I was suffering depression at the time and didnt know what to do for the best the fact of the matter is BE took advantage saw £ signs and couldnt care less and I should also add that it has been a major stuggle to pay the IVA each month. Also to the person how said do I have a letter from them to say stop paying no I do not they said a lot of things on telephone conversations. As I see it though they have contradicted themselves and gone round in circles I dont see it as me failing my IVA I think they are beahaving badly by saying this as they have a legal case pending against them.

again i apologise if I seem coming accross as rude but its a little fustrating for me when people are saying things that are way out.
best regards :)
 
 

Broke of London

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Post by Broke of London » Fri Apr 08, 2011 12:41 am
I can understand your frustration at the situation. And i think we all understood your situation, we just see it without the anger. It is a very unfortunate set of events. But going back to first principles, you gave the wrong information and then you signed a contract agreeing this information presented back to you. On what grounds is your solicitor challenging the contract? Because irrespective of their errors, you signed a legally binding document. I'm sorry if it sounds harsh but going through a legal battle will be difficult. I hope your lawyer is acting on a no win no fee basis as this will be tough to prove the balance of responsibility. Irrespective of whether you think yu have any responsibility for the mistake, legally, your signature on the proposal says different. Do think about just moving on from this. The stress and ongoing frustration will wear you down and all the costs of going to court too! x
 
 

Michael Peoples

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Post by Michael Peoples » Fri Apr 08, 2011 9:37 am
Again BoL is totally correct. The IVA is the 'debtors' proposal and the IP has to report and comment on that proposal. The IP has to carry out checks and describe what work they have carried out to verify the proposal. This entails checking wage slips, secured loan balances, creditor statements, benefit income etc but ultimately it is the debtor who signs the proposal.

Given that it took four years for this to come to light and there seems to have been confusion even at the bank, I find it difficult to put the blame on BE.
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
 
 

debritout

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Post by debritout » Tue Apr 19, 2011 9:50 pm
I find some of the replies on here most annoying and unhelpful sorry to sound ungrateful but quite honestly there have been other IVA practioners who have said BE have been most unprofessional in taking my word for it with regards to debts they say that they themselves checks into everything the client submits to make sure and doubly sure as its such a big responsability. I still think that people are still missing the point as well that I was ill and of course being ill clouded judgement I thought I was doing what was best at the time some of you on here seem to talking me like I am stupid which I assure you I am not I cant give an answer as to why it took so long for Natwest to come forward and thank goodness they did. After getting a solicitor involved BE sent a letter to her saying that if I could prove that the Natwest loan wasnt in my name that BE would refund all my money we proved it and BE have gone back on their word I am now waitng for a court date for a judge to give them an court order to return what I have paid to them to date. They are the most complained, disliked unprofessional company this dosent just come from me all you have to do is look on the net and also on here there have been a few horror stories. I find it truly bizare you dont blame BE Micheal Peoples then again maybe you are involved with them in some way! thats all I had to reply as I have found this forum more annoying than a bad migraine. Thanks to some of the people though who have generally been nice.
 
 

kallis3

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Post by kallis3 » Tue Apr 19, 2011 9:55 pm
I'm sorry you are annoyed with the replies - we answer to the best of our ability.

Michael Peoples is not involved with BE in anyway shape or form - his company is nothing to do with them.

BE are actually in the process of transferring cases across to Grant Thornton who do come recommended on here.

I'm sorry you feel that way about the forum - the vast majority of posters find us very helpfull and hopefully we will continue to be so.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

kazzafunk

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Post by kazzafunk » Tue Apr 19, 2011 9:58 pm
Debri - so sorry you feel this way. I think the thing is that the circumstances are obviously personal and raw for you and maybe the replies can come across as clinical. I have always had positive replies on here and it's a shame it hasn't been helpful for you. I believe all the IP's that post on here give there own independant opinion and I have seen differing responses on certain issues so I don't believe that Michaels is anything other than his own opinion on the subject
[:(]
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

Skippy

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Post by Skippy » Tue Apr 19, 2011 10:08 pm
I'm sorry you feel that way Debri. I can assure you that Michael Peoples is nothing to do with BE and his advice is completely neutral, as is the advice of the other posters on here.
 
 

Broke of London

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Post by Broke of London » Tue Apr 19, 2011 10:12 pm
I'm sorry you've found us unhelpful too. We always answer honestly and have no vested interest in whether your case is successful - our only interest is helping people to the best of our ability. Many people on here suffer from anxiety/ panic attacks/ depression (myself included) so we understand how someone can be literally out of their mind with worry. It's just whether this has the legal basis to transfer responsibility for the proposal from you to the IP. But good luck with the case...we don't know the details as well as you do so there may be something we are missing. x
 
 

MelanieGiles

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Post by MelanieGiles » Tue Apr 19, 2011 11:12 pm
OK - just to add some balance to this thread, if you were my client I would be calling a meeting to see if creditors would accept what you had paid to date in full and final settlement. I regularly get these accepted - and even this week have done so for one of my "naughty boys" who to be frank does not deserve a settlement but that is creditor's choice and not mine! My job is to report the facts, and let them make their minds up. Failing an IVA at such a late stage is hardly in anyone's interest I would have thought?
Regards, Melanie Giles, Insolvency Practitioner
 
 

debritout

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Post by debritout » Wed Apr 20, 2011 12:05 am
Thank you have just seen youre kind replies am pleased you dont see me attacking you personally has just been a tad fustrating thats all. I appreciate the time you take to reply thank you. all of you that has replied after my last post have made me feel a bit more positive. Thank you also to Melanie I think it is pretty ridiculous for them to fail me at this stage I think its more of a its because we can and you have annoyed (BE) us by trying to get a refund from us, which is even more funny (sarcastic way) because they did offer one if I proved that Natwest loan wasnt in my name blinking idiots. I hope the company that takes them over are a bit more savvy lets say and get it all sorted. Thanks again peeps. :)
 
 

Broke of London

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Post by Broke of London » Wed Apr 20, 2011 12:38 am
Can BE evidence the loan isn't in your name from the paperwork they received when your iva was set up? You would probably have sent in a contract and a statement at the very least - the evidence would be in the fact that your name isn't on there! If they can't access this, Natwest should be able to provide them with a copy (ironically, they prob can't send you any paperwork because of day protection and yu not being named on the account). x
 
 

kallis3

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Post by kallis3 » Wed Apr 20, 2011 7:42 am
I hope you can get it sorted debri - can appreciate the frustration. We all have that at some point!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

debritout

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Post by debritout » Thu Apr 28, 2011 11:39 pm
Broke of London BE just took my word for it there was no paperwork until natwest came forward last year and told them I was not on this loan and they also sent a letter to prove this clearing my name BE didnt check this out at the time of appication of IVA. I hope this gets sorted to Kallis3 weather people agree with what Im doing or not Im not too bothered as I know and from what Ive read BE arent exactly favoured by a lot of people.
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