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Foggy

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Post by Foggy » Sun May 17, 2015 8:41 pm
Which firm are you with ? I would hazard a guess that they have got the wrong end of the stick.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Carl.76

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Post by Carl.76 » Sun May 17, 2015 8:49 pm
Hi

I would rather not say who they are at this time sorry

They are really on top of me apparently they have sent serous breech letters in the post advising me to seek legal advice which I can't afford
I wish I never brought a car now and just carried on saving I wouldn't be in this mess

I am going to attempt to discus it tomorrow with them again as I have told them by letter that as soon as I get my settlement I will discuss paying some of to my IVA
 
 

luluj

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Post by luluj » Sun May 17, 2015 8:57 pm
You need to fight this ... your savings; your car; your insurance payout .... don't give up !
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"
 
 

recovering

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Post by recovering » Sun May 17, 2015 9:00 pm
I was just about to say the same thing! try not to be bullied by them
That was your property that was stolen
I just can't see how this is a windfall
 
 

dancer

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Post by dancer » Sun May 17, 2015 10:03 pm
If you have paid over the required amount of extra earnings & made savings from your share then you haven't done anything wrong in buying a car.
I don't have experience of other companies but if you are with Payplan you should stand your ground & fight this, some caseworkers don't seem to understand the way things work.
Last edited by dancer on Sun May 17, 2015 10:04 pm, edited 1 time in total.
 
 

Michael Peoples

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Post by Michael Peoples » Mon May 18, 2015 9:32 am
Your savings are yours to keep provided you complied with the conditions of the IVA. If you have paid over the correct amount to the IVA and saved your share then your IP has no claim on this money.

The vehicle theft is also not a windfall and the insurance money should be used to buy a replacement. I am confused as to why your IP is even involved so perhaps you should get some independent legal advice. If you cannot afford this go to the CAB who may know solicitors who would act for free and also reserve your rights to complain to the regulators.

You should demand a face to face meeting with your IP and ask for a full file review. Put this in writing to them and hopefully it gets resolved. It sounds totally wrong.
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
 
 

Carl.76

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Post by Carl.76 » Mon May 18, 2015 9:49 am
Good Morning

I have always done what my IVA has asked completed annual reviews and even had to increase my payments as I earnt extra on my salary
I have always paid never missed an installment

The problem is ever since my car was stolen and reported and I told the insurance company I was in an IVA they seemed to think that I had the car stolen myself to pay my debts which was clearly not the case
The insurance ombudsman has dealt with it and gone in my favor and instructed them to pay by the end of the month
They then took it on themselves to make contact with my IVA to basically try and stop me having my savings and now they want it paid to the IVA
Sounds very long winded I know but I can't understand why my insutance company have done this
Thank you for your kind advise
 
 

hubert

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Post by hubert » Mon May 18, 2015 11:50 am
Can you clarify - who wants you to pay it towards the IVA?

The insurance company or your IP?

If it's your IP I'd do as Michael said and demand a face-to-face meeting with your IP for an explanation.

If you had sold your car you would keep that money - it's not a windfall because the car would've been a declared asset at the start... check that it's in your paperwork.

We insure our cars so if they are wrecked or stolen we get replacements. To pay it to the IVA is completely wrong.
One pay-cheque away from oblivion!
 
 

Carl.76

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Post by Carl.76 » Mon May 18, 2015 12:22 pm
Hi

Thank you for your advice

My insurance company have contacted my IVA and now my IVA want all the settlement on the insurance
 
 

Foggy

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Post by Foggy » Mon May 18, 2015 12:31 pm
Either your IP is totally out of order (which needs to be brought to the attention of his regulatory body) or you have been speaking to an over zealous and under trained case officer ( which also warrants complaint).

Demand to speak to the IP. There is one firm on here who write the most bullish letters but are actually very easy and helpful when you actually speak to them.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon May 18, 2015 12:37 pm
I agree with Michael - follow his advice and let us know how you get on? Good luck.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Carl.76

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Post by Carl.76 » Mon May 18, 2015 12:46 pm
Thank you

I am terrified with all this legal action and now they have been told that the settlement is coming to me without fail they are now drafting letters for to sign all over to them
I have never felt so terrible
Hopefully I can get it sorted this week
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon May 18, 2015 12:47 pm
Let's hope so. Hopefully they have misunderstood the situation and you can go armed with the comments from here to try and sort out a way forward.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

thisusernameistaken

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Post by thisusernameistaken » Mon May 18, 2015 8:37 pm
Don't be terrified or fearful; be angry!

It sounds like your IVA company are being arseholes and Fein what you've said appear to be very much in the wrong.

Stay confident and stand your ground.
 
 

Carl.76

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Post by Carl.76 » Tue May 19, 2015 6:11 pm
Really disappointed they have told me I need to pay all my insurance settlement or they will fail my IVA

Apparently I should have told them about my savings and that I had an assett
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