www.iva.co.uk

Hi all, thought I would update you all as your opinions matter to me a lot and your support has kept me going! My IVA has now failed and is in the process of being terminated. I started with 27k and have paid 17k into it over a 7yr period. IP is takink 5k in fees and dividing rest to creditors giving them a 30% dividend. What I want to know is how long does termination take? Will the creditors force bankrupcy? My husband are joint owners of our home with a hefty morgage and my husband is not in the iva, Can they take my home? Would appreciate as many thoughts as pos please! Xxx

So sorry it has come to this. I have escalated your other forum post to the experts who post on here from DFD ...hopeful they will get in touch with you.
I think it is totally unacceptable personally and would not give in. We were with DFD and one of our additional payments was not logged as received and was put on another customers record .. I had to provide a rough date of it being sent and which bank it was from etc ... They traced it and re-assigned to my account. I did not have to supply bank statements.

I appreciate you don't want to add any more stress to your mum but for this to be resolved in your favour after 7 years you may have to speak with her and explain. I am sure, like all mums, she would want to help in some way.

Thankyou for your kind words of support. My mum cannot communicate since her second stroke and has been hospitalised for 2mths now. I must respect my families wishes and not bother her with this. I'm not sure she is even aware of who we all are but I still go in daily just in case. I have kept a daily diary for just over 18mths now and have kept all my emails ect. If I am made bankrupt and loose my home I will make sure I have my say in court and complain to all that will listen!xx

I feel for you I really do, five years of payments and they have made an error and you're going to bankrupt which may impact on your life in the future. To me this isn't right.

Foggy, you know the process of complaining I believe. Maybe it's a route that Nichola could go down to try and salvage what I see is their mess. The added strain on top of Mum being ill of bankruptcy is not good.

Surely there is something that can be done?

I do not know DFD's particular complaints system, but, basically, Nichola will need to write to them to lodge a formal complaint and get that through their system before going to the Regulators. If she asks them for the details of both the procedure and who the IP's regulator is they are obliged to tell her.

A complaint to the regulator can be made via this link ( new .GOV site):

https://www.gov.uk/complain-about-insol ... actitioner

Thank you Foggy, I hope Nichola follows this up as I do feel she has been let down badly in my humble opinion.

I agree that she's been badly let down. There is no way that I would want to fail in her situation after all those payments. If there's no proof to send off that the payment has been made, I think I would actually consider raising another £1500. I know that in an iva it's a huge amount, certainly one I never had, but for the sake of failing I think I would pay again. In good faith a cheque could have got lost in the post, if there's no proof of payment then DFD may be right. Tough one but having thought about it, I would send another £1500 to close it through the bank so it's easily traceable.

I am not sure if it is a matter of a lost payment or just that they need a statement to prove the source of the funds.

Whichever it is I feel that DFD are showing a gross lack of compassion and are being singularly unhelpful. Certainly worthy of a complaint to the Regulators and I would suggest bringing in her MP too. Unfortunately I fear that, with all going on at the moment Nichola might not have the spirit for a fight.

On other thread. Nichola stated that they could not trace the payment and she needed to send proof of payment. For me, without being able to send proof, I would try to fibd away to pay again. I personally could not go through this again.

Nichola also states on the other thread that the cheque was cashed on the 17th sept last year.

Surely DFD have accountants that could trace a cheque deposit?

Ah .. yes ... So the fact of the matter is that DFD have lost the money and Nichola is suffering because of their incompetence !!

If any creditor forces bankruptcy I would imagine the judge would have something juicy to say about that !

I would suggest writing to the regulators anyway, as well as lodging the complaint AND speaking to the MP (and anyone else who would listen).

If DFD have cashed the cheque and are now denying they have the money I might also have a word with the police --- they would be able to get a statement in an allegation of misappropriating funds.

Knowing that the cheque was cashed must at least mean the cheque number is known so should be able to be traced. The bank should then be able to say which account it was paid in to so DFD can check.

I think that it's harsh but if DFD say they cannot trace, information needs to be given so they can.

The lack of communication is another issue...

Can I just say Lesley & Foggy have been so kind and its almost worth the IVA to have the privaledge of their support. I'm now waiting for termination certificate to arrive. Doctors have said Mum isn't going to recover so that's my immediate priority then I will persue a complaint to regulators. I have kept all emails and documentation including the variance report two weeks ago to say IVa is completed only to be told a week later that actually its not! Totaly shocking and heartless! I'm sure I will have my day but meanwhile big hugs to you both xxxxxx

Very rare these days for money to go missing through bank transfer.If it does the sender needs to trace it from the sending bank..they will say where it has gone to.If dfd had received it then it will be confirmed as such.
But if the money went into another account and it could happen, then DFD wouldn't be at fault but the senders bank.
That missing money need to be traced...you have to proof DFD did receive it.

The fact that it was sent is only half the story..best totrace it before making any complaint....

Really feel for you in this and so sorry to read of your mums situation. Please do find the inner strength to fight this ... you are quite rightly focusing on mum right now ...carry on with your diary of communication with DFD as you can then use it when appropriate to carry on the fight.
I still have my old DFD contacts from my iva days and have emailed them to seek their support on your ossue, however I have not received any responses as yet