IVA is over.....or so i thought!!

Get expert opinion. This is the place for new questions to be posted.
18 posts Page 1 of 2
 
 

emma2

User avatar
Posts: 11
Joined: Wed May 28, 2008 3:36 pm
Location:

Post by emma2 » Mon Oct 14, 2013 5:21 pm
Good afternoon,
My IVA was with Money, Debt and Credit (MD&C), it was all finished in August 2013 and I received my completion certificate, I was so pleased it was all over, I have even started seeing my credit rating improve!! I then received a letter from Grant Thornton, saying my IVA had been taken over by them; I called them and explained my IVA was all finished with and they apologised and said they would take me off of their records. I then received a letter from Grant Thornton saying that I had a PPI claim outstanding and that my IVA would have to be opened up again for up to 12 months whilst they persuaded it. I called them and said I didn't want to go ahead with the PPI claim and explained that MD&C had asked me too contact the bank during my IVA and my bank had replied saying I couldn't go through with the PPI claim as I had an IVA, (I still have the letter I received back from the bank) I contacted MD&C at the time and told them this. When I spoke to someone at Grant Thornton, they said my IVA would not be officially closed down until the PPI claim had been resolved and my IVA would still show on the insolvency register unless the PPI claim is resolved. Can anyone please advise if I do have a choice whether to pursue the PPI claim or not, I have after all already got my completion certificate and as far as I was concerned this horrible experience was behind me. I don’t care if I am due some money from the PPI claim, I don’t want it, I just want my IVA to be over as thought it was and my credit score to continue getting better.
Thank you
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Tue Oct 15, 2013 12:40 am
You cannot re-open an IVA once it has closed. I guess that GT merely wish to explore the possibility of you being able to reclaim mis-sold PPI on debts which were included in the IVA and those you may have paid off prior to entering into one.

This is a fairly unusual stance for an IP firm to be taking - particularly one who have taken over the cases from another firm. If your case had correctly concluded, then I cannot see that any transfer has actually taken place at all. Ask for evidence of this before you proceed any further - and check to see if your name has been taken off the Insolvency Register.
Regards, Melanie Giles, Insolvency Practitioner
 
 

emma2

User avatar
Posts: 11
Joined: Wed May 28, 2008 3:36 pm
Location:

Post by emma2 » Tue Oct 15, 2013 8:19 am
Thank you, who do I ask for evidence that the case has been concluded correctly? MD&C or GT? I have checked the insolvency register and my name is still on it, I don't know why as it was August 2012 that I got my completion certificate, I put 2013 in the above thread by mistake.
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Tue Oct 15, 2013 10:36 am
Hi

If your name is still on the Insolvency Register then I fear your IVA can be re-opened by GT

What a nightmare for you and the the many others in this position.

It truly is a complete fiasco and totally unfair if an IVA is not concluded once and for all on receipt of the completion certificate

Regards
Andam Davies
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Tue Oct 15, 2013 11:21 am
If you have the completion certificate have a word with the Insolvency Service -- I do not think you should be on there and GT have no right to take this action.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Tue Oct 15, 2013 11:16 pm
The issue of a Certificate of Completion ends the debtor's obligations under the IVA, and in my book ought to constitute absolute closure. I suggest that you get GT to clarify the exact position for you, and seek legal advice if you are not happy with the outcome.
Regards, Melanie Giles, Insolvency Practitioner
 
 

grifta

User avatar
Posts: 5
Joined: Fri Oct 04, 2013 12:11 am
Location:

Post by grifta » Wed Oct 16, 2013 3:25 am
Yes contact insolvency service, I emailed them a copy of my completion letter and my name was off the register within 2 days.
 
 

emma2

User avatar
Posts: 11
Joined: Wed May 28, 2008 3:36 pm
Location:

Post by emma2 » Wed Oct 16, 2013 9:20 pm
I have contacted the Insolvency Service, they have asked me to send copies of the completion certificate, which i have done, they have also asked me to send them a copy of the "Copy of Report to Creditors". Can anyone explain what this doument is, as I am unsure, I have a letter from MD&C which was sent to creditors after the meeting - "Formal Notice of Result of Meeting" is the the "Copy of Report to Creditors"? The Insolvency Service have said they can take my name off once they have received this.
Last edited by emma2 on Wed Oct 16, 2013 9:24 pm, edited 1 time in total.
 
 

luluj

User avatar
Forum Expert
Posts: 11333
Joined: Sun Dec 09, 2007 6:54 am
Location: United Kingdom

Post by luluj » Wed Oct 16, 2013 9:42 pm
Yes i believe it is the right document.
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
 
 

grifta

User avatar
Posts: 5
Joined: Fri Oct 04, 2013 12:11 am
Location:

Post by grifta » Wed Oct 16, 2013 11:09 pm
Just send copies of everything you have that alludes to the IVA being complete, maybe? Its such a relief when you finally look at the register and your name is not on there! Good luck.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Wed Oct 16, 2013 11:23 pm
They will need to see the IPs final report, which includes the final receipts and payments summary. You ought to have been sent all of this documentation when Money, Debt and Credit ceased to act for you.
Regards, Melanie Giles, Insolvency Practitioner
 
 

emma2

User avatar
Posts: 11
Joined: Wed May 28, 2008 3:36 pm
Location:

Post by emma2 » Wed Oct 16, 2013 11:36 pm
I have sent the completion certificate and summary of final payments and receipts but they've also asked for the "copy of report to creditors" this is the document I am unsure of.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Wed Oct 16, 2013 11:39 pm
Was it not all included in the same envelope? In my firm we incorporate all of those documents into the same final report.
Regards, Melanie Giles, Insolvency Practitioner
 
 

tinks81

User avatar
Posts: 138
Joined: Wed Jul 31, 2013 8:34 pm
Location:

Post by tinks81 » Thu Oct 17, 2013 10:48 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

They will need to see the IPs final report, which includes the final receipts and payments summary. You ought to have been sent all of this documentation when Money, Debt and Credit ceased to act for you.
Melanie - does this apply to everyone who MD&C represented, or just the ones who received their CC from them. We haven't received anything from them, but our last IVA payment was whilst we were still with MD&C. Or will we recieve all such paperwork from GT once we have our CC?
 
 

Tina Shortland

User avatar
Posts: 2950
Joined: Tue Jan 05, 2010 11:30 am
Location:

Post by Tina Shortland » Thu Oct 17, 2013 11:57 am
I would clarify with the Insolvency Service which report they class as the "Copy of report to the creditors" to ensure you are sending them the correct information. It may be what you have sent them covers the information they are looking for.
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.

If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com

If you’re ready to ask us for specific advice or help, then get in touch at www.call-me.debtadvicetv.com so you can start to free yourself from the stress and anxiety of overwhelming debt.
18 posts Page 1 of 2
Return to “Ask IVA Forum and Industry experts”