You would have had to have signed any variation changing the terms of the IVA and they should have a copy of this. In addition after the meeting there would have been a Chairman's Report which will have included any modifications which you will have also had to sign and agree. They must have copies of this correspondence but it seems unfair that your IVA was extended just because your case was sold by MDC.
Unfair is the word, Michael. Should point out they are extending the IVA because of the non-release of equity. Talk about having you cornered in every way! According to the customer service person I spoke to this morning, they have a record of me calling them to say I agreed with the variations; I have absolutely no recollection of making any such phone call and I certainly don't remember signing anything. From memory (as I say it is over two years ago and I try not to dwell on the IVA situation too much because it causes me so much anxiety!) the notification of GT taking over from MDC said I didn't have to do anything and should only contact them if I had any concerns. I certainly don't recall telephoning them about the changeover or variations. I avoid contacting if at all as possible as it only ends up with me getting frustrated and annoyed - like now!!! I need to have a thorough look at my papers when I get home tonight; I was so agitated last night after getting the letter about the extension, there were papers and documents being hauled from everywhere and the only thing I could find was the original agreement from MCD. It's a total nightmare!!
Make sure that if you make a subject access request that it specifically asks for the date and time of that call, who took the call and anything else that is recorded around that time period.
I would also recommend that you start making an immediate complaint to the Insolvency Service on the basis that anything so significant as this change should have required written confirmation.
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.
I would simply write to them stating that you wish to raise a formal complaint due to there being no equity in the property you do not accept their justification that you have verbally agreed to extend the IVA for a further 12 months. State they have 7 working days to provide the written proof that you have agreed to this variation and the signed key facts they sent you that also spelt out the implications of this. Failure of them to either advise the IVA is satisfactorily concluded or present said information will result in you making a formal complaint to the insolvency service and to Grant Thornotn/Aperture (Amateurs)regulators.
send everything by recorded letter, addressed to the IP themselves and a copy to the head of risk. Then same time email them both advising the following has been sent today by recorded delivery, all further correspondence should now be in writing due to the gravity of the situation and such that it can be presented to the relevant parties if the mater requires escalation.
Good luck
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
Fab, thanks Lisa! The IVA was initially due to come to an end in June '16; I was so looking forward to it and now this extension has set me back; I am so stressed out!
Try not to stress. Just send them a written request for evidence/explanation so you can understand what has happened (and then if necessary make a complaint). Let us know how you get on?
