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Posted: Thu Nov 21, 2013 4:28 pm
by Elained0191
What do I do if I believe a person in an IVA is being fraudulent ?

Posted: Thu Nov 21, 2013 4:30 pm
by ClareSilver
What do you mean by fraudulent? If it's really bad and something like a money laundering issue then you need to report them to SOCA.

Posted: Thu Nov 21, 2013 4:58 pm
by Michael Peoples
You should share your concerns with the IP and if you have evidence that the debtor has not been trueful with the proposal there are legal sanctions which can be taken. However, very few people enter IVAs with the intention of defrauding creditors so hopefully your concerns are wrong.

Posted: Thu Nov 21, 2013 5:01 pm
by IVANotOverYet
Are you sure there is something iffy going on? Do you have any evidence with which to support your beliefs?

It is worth just bearing in mind the trouble and heartache it could cause the person about whom you hold the concern if they're subjected to investigation and questioning only for nothing unorthodox to subsequently be found to be going on.

Posted: Thu Nov 21, 2013 5:08 pm
by kev59
How much do you know about the ins and outs of a IVA,
to know there are being fraudulent?

Posted: Thu Nov 21, 2013 5:08 pm
by Elained0191
Yes I am sure of the facts. Do I report to the IP? The reason I am so cross is my sister has an IVA which she has been paying for a long time. This person inherited money and they haven't declared it!

Posted: Thu Nov 21, 2013 6:23 pm
by plasticdaft
So this other person, how do you know they have inherited and not declared it?

By all means contact the insolvency practitioner or firm running the iva. I asume you know the personsdetails so the ip can be found on the iinsolvency register.

Paul

Posted: Thu Nov 21, 2013 8:06 pm
by MikeyM
Are you saying it's your sister who is in an IVA and has inhertied the money and not declared it. If so I think your first port of call should be your sister to explain your concerns.

Posted: Thu Nov 21, 2013 11:37 pm
by Michael Peoples
I am aware of a case of an undeclared windfall and it was true and the IP was told of this by another family member. While you can try and deal with genuine mistakes or omissions you must report cases where someone deliberately hides assets and does not give you a chance to redress this. In this case the person was prosecuted and I believe received a custodial sentence.

Posted: Fri Nov 22, 2013 8:52 am
by Shining
I also know of a similar case 100% and when I queried this on here I was told to maybe butt out which I have done, infuriates me no end though. The thing is they have installed a new kitchen, a new bathroom and changed their car so I doubt there's much if anything less. However, hopefully at equity time their house may have increased in value and then it may be payback time.

Posted: Fri Nov 22, 2013 9:55 am
by ClareSilver
Your first port of call, really should be your sister. Her IP does need to know, however if you went straight to the IVA company without speaking to your sister, this could have a really bad long term affect on your family.

Posted: Fri Nov 22, 2013 9:58 am
by Michael Peoples
I do not agree that you should have butted out because this type of behaviour reflects badly on IVAs and undermines the tens of thousands of genuine people who try their best to repay what they can to creditors. In the case of ours, the sum was substantial and the debtor received nine months in jail. This may seem harsh but they had ample opportunity to come clean but continued to lie to the O.R. and the police.

Posted: Fri Nov 22, 2013 10:54 am
by Skippy
I understood that the OP knows someone who she thinks isn't declaring an inheritance and feels bad because her sister is doing her IVA by the book.

Posted: Fri Nov 22, 2013 11:57 am
by The Major
Hi Skippy


Glad you said that I thought it was me, the person is peeved because her sister is playing by the book however another is not

Posted: Fri Nov 22, 2013 12:07 pm
by komakino
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Skippy

I understood that the OP knows someone who she thinks isn't declaring an inheritance and feels bad because her sister is doing her IVA by the book.
This is how I interpreted it too.