www.iva.co.uk

I have paid all 5 years of agreed payments. Submitted info every year. Took out initially with 'the debt people' . For first half of it they were great adjusted my payments to cover surplus income. Then they got took over by money plus. I always did annual review, but money plus never got in touch about taking surplus income and my payments remained the same. I assumed that I was ok. Last payment taken in Aug 2014. Never heard owt till April this year. They have now come up with several 1000's I had excess to owe. Is this acceptable? How can they leave it till the end and let it all mount up. What should I do?

It does seem unfair to do this now I agree but equally did you not chase up the annual report after each review ?

It is just as much your responsibility as it is your IPs to ensure any uplifts in payments are made as they happen....when you received the additional monies did you inform your IP as they were received?

As Luluj says, the running of an IVA is as much in your court as it is in theirs. However, as they have been at fault too hopefully they will work with you to sort this out.

I am afraid, if your income did increase, or you had extra income ( overtime etc), the money will be payable .... maybe they will agree to spread this over a few months.

So what is an IP actually required to do and when they get it wrong what mechanisms are in place?

Basically it seems to be coming to we are supposed to know more about their job than they do.

An IP, Lifenoteasy, is more of a referee ( though I doubt they like that term). They supervise the IVA, but, in reality, the debtor is responsible for ensuring the terms are complied with.

Ultimately, if we feel they have made an incorrect judgement we have the usual recourse to the Courts. The Regulatory bodies appear toothless in this regard.

Hi

It seems very unfair if they have not supervised the IVA in accordance with the original chairmans report, they are paid by your creditors to do the job correctly and if you have supplied all payslips and/or bank statements as requested each year and yet have not been asked to increase payments then I think you have just cause to raise an official complaint.
Use the companies own complaints procedure in the first instance

Regards

Foggy is right - hence the title 'Supervisor'. I agree with Andy you should use their internal complaints system first making sure you do everything in writing, possible by recorded delivery so there can be no argument that they haven't received it. Hopefully an extension can be arranged allowing you time to make up any valid payments that are due.

A "supervisor" is one who is in charge or has control of.

Additionally when an iva is proposed the ip acts of the representative of the person whose iva is being proposed.

They have an ongoing duty of care throughout that relationship that only terminates when the cc is issued.

Nb they also had a duty to send you a notice of breach as soon as they became aware of it so you could challenge this too.

A duty of care was established by Lord denning in 2002.

It's beien interesting delving into what is hidden away on the web.