Can an IVA company look into some one's personal bank account ?

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Michael Peoples

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Post by Michael Peoples » Mon Jun 15, 2015 2:01 pm
This is true. It does depend on the attitude of the IP and how it affects the debtor. Asking for bank statements because not all wage slips were provided would to me be reasonable but saying that you must take a secured loan where a remortgage is not available could be deemed to be unreasonable.

However I will leave these decisions for those in higher pay grades, lawyers and judges. Are you a lawyer Lifenoteasy as you seem to have a very good grasp of the law and have well defined arguments?
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 2:56 pm
Michael - I could almost feel insulted by suggesting that I am a lawyer:)

My day to day job forces me to deal with multiple legal requirements and try and come up with solutions that allow organisations and individuals to meet their different expectations.

Quite often that means I have to read up really quickly on something that I have no knowledge about and come back with defined arguments that may allow something to happen or not.

What you generally see here on the board is me in work mode.

Part of my job is also to promote change - that means I expect my assumptions to be challenged, I have to challenge other peoples assumptions and above all find an answer without things dragging on for months and years.

IP's technically commit at least 5 years of their life to a client, the client does the same to the IP, we both have our names placed in the public domain as part of that relationship and that is roughly about 7% of our life.

There should be a start, middle and an end on everything (or pre-planning, project initiation, delivery stage, project closure etc.) and unfortunately based on comments on the board that does not seem to be happening in a lot of IVA companies.

Therefore they are not realising benefits and wasting money as a consequence whilst at the same time having an adverse impact on their clients.
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.
 
 

doritos

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Post by doritos » Mon Jun 15, 2015 3:05 pm
I have said before that the industry does appear to be very murky, and it is in dire need of regulation to get all the IVA's to be the same, as you hear a lot that they are all drawn up differently.
 
 

lifenoteasy

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Post by lifenoteasy » Mon Jun 15, 2015 3:18 pm
I have a feeling that it used to be a lot more consistent but that's when it was a profession rather than an industry.

The Insolvency Service not authorising new IP's will unfortunately make it worse.
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.
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