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Posted: Tue Nov 22, 2016 10:35 pm
by Timdc48
I am three years in to my I.v.a and have paid 100% of debts and fees,however 2 creditors listed, hmrc and the council have estimated amounts credited to them.I told my provider that hmrc and the council were added by the insolvency service during bankruptcy and that I am and never have been in debt with either of them.They have told me that all they can do is wait for proof of debt forms and I may have to wait a further 2 years as they can't force them to send them back.I feel I'm hitting my head against a brick wall

Posted: Wed Nov 23, 2016 8:01 am
by Foggy
HMRC do tend to be a law unto themselves and are often included needlessly and unwisely. I assume the council is regarding council tax -- that should never have been included!

Posted: Wed Nov 23, 2016 10:54 am
by prisoner63
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy

HMRC do tend to be a law unto themselves and are often included needlessly and unwisely. I assume the council is regarding council tax -- that should never have been included!

Posted: Wed Nov 23, 2016 11:09 am
by Timdc48
Thanks but can anyone advise what I can do to resolve this problem?

Posted: Wed Nov 23, 2016 12:51 pm
by kallis3
If you have completed - did you get the completion letter at all? If so you can always send it off to HMRC and the council and insist that it gets sorted out asap otherwise you will lodge a complaint.

Posted: Wed Nov 23, 2016 4:58 pm
by Timdc48
They say it can't be completed until they get the proof of debt forms back from hmrc and counsil and that they have right upto the final month of an iva to do so.I pointed out that if I am not in debt with them then they probably don't see the need to fill in a form that is not relevant to them.surely if all other creditors are paid off they can contact the last two just to verify whether there making a claim?

Posted: Thu Nov 24, 2016 9:19 am
by Michael Peoples
If there is no debt to these creditors then the IVA should be closed. Any claims from the council or HMRC should have been agreed way before now so I see no reason why the case can be left open.

If you have supplied all the relevant paperwork then your IP can agree nil claims and close the arrangement down. It may be worth making a complaint to the IP and progressing it to the regulators.

Posted: Thu Nov 24, 2016 12:15 pm
by Lisa Thomas
I agree with Michael - your IP can send formal notice to those creditors to submit their final claims and if they don't then lodge them they will be omitted from the dividends.

Consider making a complaint and escalate through the Gateway if its not dealt with satisfactorily here:

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

Posted: Fri Nov 25, 2016 12:17 pm
by simon1883
It's getting very noticeable how often the best way forward is to complain! Are some of these firms getting lazy?

Posted: Fri Nov 25, 2016 12:33 pm
by Foggy
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by simon1883

It's getting very noticeable how often the best way forward is to complain! Are some of these firms getting lazy?
My impression is that, as the big firms are "fed" clients from creditors and advice organisations, they feel they can let customer service drop. This is compounded by the fact that, once you sign on the dotted line, you are trapped with that IP.

Posted: Sun Nov 27, 2016 11:35 pm
by Timdc48
Thanks everyone,yes my ip have been extremely lazy for 3 years it would seem,I've been ignored and fobbed off too many times.If they don't return my call by Monday as promised,after passing on your advice then I will be lodging a complaint.Thanks again,will update

Posted: Mon Nov 28, 2016 9:06 am
by Michael Peoples
I look forward to hearing what the IP has to say.

Posted: Mon Nov 28, 2016 10:01 am
by Lisa Thomas
Make sure your complaint follows the IPs internal complaints procedure (check your engagement letter or their website) and is done in writing via recorded delivery so you have evidence.