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John1782

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Post by John1782 » Mon Aug 13, 2012 11:28 am
Hi, I completed my IVA on the 1st May 2012 after 68 monthly repayments but this has not been signed off yet. I have complied with everything that my company has asked, including increasing payments when i recieved a promotion at work and never missed a payment. Each pay review that has gone by has come back clear but now when i have finished my IVA the company are advising i owe them money from 2009 which is a first to me. It has never been mentioned on any other reviews, neither when i spoke to the company when i finished the last payment to see what happens next. I have tried emailing them to see whats happening with no response and they don't give any answers over the phone only "we'll be in touch". Can they do this as i didn't think it could go any further than 72 months.
Last edited by John1782 on Mon Aug 13, 2012 2:25 pm, edited 1 time in total.
 
 

Niobe

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Post by Niobe » Mon Aug 13, 2012 11:54 am
Hi and welcome.

Your IVA company will be sorting out final payments and also there has been an issue with VAT and PPI claims which may well be affecting your completion.

You won't have to pay anything else as you have made the last payment but you may have to be patient - some posters have been waiting over twelve months.

Which company are you with?
 
 

John1782

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Post by John1782 » Mon Aug 13, 2012 11:59 am
HI Niobe, thanks for the reply.
I am with Grant Thornton, relating to what you are saying they have also sent my details to another company with my permission to see what if any PPI was due. I didn't realise they could claim money back and add this into the IVA once all the payment terms were complete. The letter was sent to me after my final May payment.

My main reason for worrying is i want to start looking at mortgages and i am concerned that i will be left in limbo for a year or so without being able to apply. Will this be the case?
 
 

IVANotOverYet

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Post by IVANotOverYet » Mon Aug 13, 2012 1:51 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by John1782


My main reason for worrying is i want to start looking at mortgages and i am concerned that i will be left in limbo for a year or so without being able to apply. Will this be the case?
I'm afraid it may well be. I've been waiting since October 2011 for closure to happen. By the time I see my Certificate I reckon most of my defaults will have dropped off my credit report anyway.
IVA Completed!

Final payment made November 2011.

CoC received 12/10/12.
 
 

John1782

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Post by John1782 » Mon Aug 13, 2012 2:00 pm
IVANotOverYet-

I just don't see how Grant Thornton can get away with it. When you have worked hard to pay off everything and all you want is a clean slate it just becomes morally wrong to still impose so much on your life still. Hope you get your certificate soon.

What would happen if you came into money in X amount of money can they claim they should be owed part of this too. Not that i am due money but again just another concern.
 
 

Niobe

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Post by Niobe » Mon Aug 13, 2012 2:02 pm
Until you get that completion letter then your IVA is still open so they can try and maximize the returns for the creditors.
 
 

Heretoday

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Post by Heretoday » Mon Aug 13, 2012 2:06 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by John1782

IVANotOverYet-
What would happen if you came into money in X amount of money can they claim they should be owed part of this too. Not that i am due money but again just another concern.
Yes, they would have a claim on any lottery win or inheritance that you recieved while you are waiting for your completion certificate.

To be fare to GT, they are not the only IVA company screwing with people's lives. MY IP Cleardebt are doing exactly the same thing.
7 years after starting an IVA I finally received a completion certificate from ClearDebt
 
 

John1782

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Post by John1782 » Mon Aug 13, 2012 2:16 pm
Again i come to the point of it stating that an IVA cannot proceed any further than 6 years, this is just rubbish then if the IP can delay it that long and claim anything further that may come your way.

Can they ask for further wage reviews / bank statements etc to get more returns or is it purely a large win / inheritance?
 
 

Michael Peoples

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Post by Michael Peoples » Mon Aug 13, 2012 2:16 pm
Our firm has spoken to creditors and they have advised that they will not seek any windfalls post IVA if there is a delay which is not the client's fault. While this has yet to be tested we have assured all our clients that we will propose variations to exclude any windfalls and we will not be chasing any overtime or bonuses after the final contractual payment has been made.

I am not sure if all firms have this policy but it seems the only fair one to us. We do not want to keep cases open longer than necessary and we certainly do not want to penalise any client because of circumstances such as PPI or VAT which are plainly beyond their control.
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
 
 

IVANotOverYet

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Post by IVANotOverYet » Mon Aug 13, 2012 4:34 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by John1782

IVANotOverYet-

I just don't see how Grant Thornton can get away with it. When you have worked hard to pay off everything and all you want is a clean slate it just becomes morally wrong to still impose so much on your life still. Hope you get your certificate soon.

What would happen if you came into money in X amount of money can they claim they should be owed part of this too. Not that i am due money but again just another concern.
I agree completely. Sadly it's a fact that although my court paperwork from 2006 states that the IP must close the case within 3 months of the final payment, I'm left in limbo wondering whether GT are ever going to close my case. All I keep being told is that it's because of the backlog, because my case was taken from another IP and there's a mistake, etc.
IVA Completed!

Final payment made November 2011.

CoC received 12/10/12.
 
 

KM1512

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Post by KM1512 » Mon Aug 13, 2012 9:24 pm
John sorry to hear you are waiting so long but it seems to be the same for everyone completing soon I hope the wait will come to an end soon
 
 

StevieJay

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Post by StevieJay » Mon Aug 13, 2012 9:27 pm
I have been waiting since september 2011 for my certificate of closure from debt free direct. I phoned them today and was fobbed off once again. They said that my credit report is not clear until they send the certificate even though its supposed to be clear next month as it will be 6 years since IVA acceptance.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Aug 13, 2012 9:32 pm
My legal advice on this matter is that a Supervisor of an IVA would find it incredibly difficult to argue that a windfall is due to an IVA when the debtor had maintained their full obligations and the timeline set for the IVA duration had expired. Anyone faced with such an issue, ought to seek independent legal advice before handing over any further monies to their Supervisor.
Regards, Melanie Giles, Insolvency Practitioner
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