Has IVA failed me in not presenting my offer to finish my IVA ?

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Mick.99

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Post by Mick.99 » Sun Jun 14, 2015 5:14 pm
I offered a full and final payment of 20p in the pound to finish my IVA. That was 3 years ago. The IVA company went into liquidation and " Re-branded its self " I have not heard anything from them since 2012, until this week. They have now arranged a meeting with the creditors to terminate the IVA, or what ever they decide. I have copies of emails and a letter from 2012 to say they have received my offer of 20p in the pound and they will present this to the creditors. I will contact my IVA supervisor next week to forward on all the previous information. What I need to know, is have they failed me in my IVA by not presenting this information back in 2012 and if so who can I complain to ?? I do not want Bankruptcy, but if the vote goes against me, what can I do ??
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Michael Peoples

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Post by Michael Peoples » Mon Jun 15, 2015 12:15 pm
You could try and speak to the regulators and make a complaint but since your IVA is still live and an offer is being made to creditors I personally would wait. Creditors may be delighted to get something after all this time.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

lifenoteasy

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Post by lifenoteasy » Mon Jun 15, 2015 12:24 pm
The circumstances behind the "rebranding" will be critical because if the IVA company went into liquidation there probably should have been another company who could take over.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Mick.99

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Post by Mick.99 » Mon Jun 15, 2015 12:45 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Michael Peoples

You could try and speak to the regulators and make a complaint but since your IVA is still live and an offer is being made to creditors I personally would wait. Creditors may be delighted to get something after all this time.
Thanks again for the reply. The company went into administration along with other parts of the company, made 17 redundant, just after having £1m pounds in public money to create jobs in the North West ( Unique Debt Solutions ) who then re-branded as they said in their letter to Lawson Fox. Something doesn't seem to be correct !!
 
 

Mick.99

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Post by Mick.99 » Mon Jun 15, 2015 12:50 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by lifenoteasy

The circumstances behind the "rebranding" will be critical because if the IVA company went into liquidation there probably should have been another company who could take over.
Unique Debt Solutions went out of business making 17 redundant after receiving £1m in public funding to create jobs in the North West. They became Lawson Fox ( re-branded as the letter said ) with the same Director for Him to carry on as the Insolvency Practitioner. I still dont know why none of my creditors have asked the question, where are the payments they should have received ?? Thanks
 
 

lifenoteasy

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Post by lifenoteasy » Mon Jun 15, 2015 12:54 pm
Web search suggests same directors, different ltd companies and with Lawson Fox owing 30 times more than it has cash in the bank.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Michael Peoples

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Post by Michael Peoples » Mon Jun 15, 2015 12:54 pm
Are you on the insolvency register and if so who is listed as your IP? Is Lawson Fox the liquidators of Unique or your IP?

Check using this link.

https://www.insolvencydirect.bis.gov.uk ... hMapIE.asp
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
 
 

Mick.99

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Post by Mick.99 » Mon Jun 15, 2015 1:18 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Michael Peoples

Are you on the insolvency register and if so who is listed as your IP? Is Lawson Fox the liquidators of Unique or your IP?

Check using this link.

https://www.insolvencydirect.bis.gov.uk ... hMapIE.asp
Thanks for the reply.
It is still under Unique Debt Solutions the IP is Gerard Nicholas Ratcliffe. he is the Director of Lawson Fox and was so with Unique.

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Mick.99

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Post by Mick.99 » Mon Jun 15, 2015 1:20 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by lifenoteasy

Web search suggests same directors, different ltd companies and with Lawson Fox owing 30 times more than it has cash in the bank.
Looks a bit fishy ! I am on the insolvency list, but still with the company that went out of business Unique Debt Solutions

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Michael Peoples

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Post by Michael Peoples » Mon Jun 15, 2015 1:22 pm
You need to speak with your IP and perhaps even arrange a face to face meeting. Hopefully creditors will accept the offer and allow you to move on but still worth finding out from your IP what is happening.
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
 
 

lifenoteasy

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Post by lifenoteasy » Mon Jun 15, 2015 1:22 pm
Would suggest that the critical thing is not the company name but whether the IP name is still the same.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon Jun 15, 2015 3:57 pm
I can't quite tell from your positing but are you sure the meting called relates to your original settlement offer? It may be that the IP did put it to creditors and they rejected it and your IVA continued in the normal way. The meeting that has been called may not relate to that. I would ask your IP for full details of the meeting. This is important as a termination meeting could mean the failure of your IVA.
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
 
 

Mick.99

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Post by Mick.99 » Mon Jun 15, 2015 4:18 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Lisa Thomas

I can't quite tell from your positing but are you sure the meting called relates to your original settlement offer? It may be that the IP did put it to creditors and they rejected it and your IVA continued in the normal way. The meeting that has been called may not relate to that. I would ask your IP for full details of the meeting. This is important as a termination meeting could mean the failure of your IVA.
Hi, thanks for the reply. I made the offer in Aug 2012. The IVA company went out of business and set up again under a new name. Somewhere between then and no, I went off the radar. I have not paid any money in since 2012. I have spoken to them today and they are going to make the offer, which they didnt do 3 years ago ! Two of the creditors are Building Supply companies, who she said can be very demanding for a full amount. I will have to wait until the meeting in July to see what the out come is . Thanks
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon Jun 15, 2015 4:23 pm
Hi Mick - I see. I'm guessing you didn't keep your contributions to one side in the meantime? It may be that this big delay could almost help your f&f proposal as the alternative is probably to terminate the IVA. I would ensure that the report contains an explanation as to why nothing happened for 3 years. You may want to submit your own letter and ask the IP to include that as part of the variation report and stress that you heard nothing back.
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
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