My daughter is in an unsuitable IVA. How do I take issue with this ?

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jayne372

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Post by jayne372 » Mon Mar 27, 2017 7:21 pm
How do I take issue with a firm of insolvency practitioners who have put my daughter into an IVA which is unsuitable and inappropriate for her?

Foggy

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Post by Foggy » Mon Mar 27, 2017 7:26 pm
You can make a formal complaint to the firm using their internal complaints procedure. This can then be escalated to their regulators if need be. The only other thing to do is get the IVA failed, or allow it to fail by missing three payments. I am afraid the IVA will remain on her credit file for 6 years from it's start date regardless.

Might I ask why you feel the IVA was not apropriate ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
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luluj

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Post by luluj » Tue Mar 28, 2017 1:11 am
Why do you feel the iva is not suitable ?

Has your daughter shown you the full proposal documents and subsequent chairmans report ?

If its a matter of your daughter not fully understanding what she has signed up to then you will need to follow foggy's advice and let the iva fail.

I am sure if there is some confusion or lack of understanding the IP would be more than happy to talk to both you and your daughter to answer any questions you may have.
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kallis3

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Post by kallis3 » Tue Mar 28, 2017 7:43 am
Which company is she with?
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Michael Peoples

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Post by Michael Peoples » Tue Mar 28, 2017 8:38 am
I am not really sure how this has anything to do with you and your daughter's IP would certainly not discuss her case unless there is express permission. Your daughter will have had all her options explained to her and will have signed paperwork to this extent so I am curious as to why you think the IVA is inappropriate. Your daughter is an adult who ran up the debt and has now entered an arrangement to repay some or all of it so unless she does not have the mental capacity to deal with these type of issues it really is her business.

I can understand why parents would want to protect their children but if there is anything wrong with the advice received it will be for your daughter to take issue and unfortunately not for you. If you really want to help perhaps you could make an offer of settlement to get your daughter out of the IVA as you really have no standing to make any complaint.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com

Lisa Thomas

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Post by Lisa Thomas » Wed Mar 29, 2017 1:47 pm
I agree with Michael.

In addition given you are getting involved with your daughter's affairs, you may want to consider the alternatives to the IVA, which might have been Bankruptcy or recovery action by creditors, which will have had ramifications.

As Michael says the options should have been explained to her and she has made the decision that an IVA was the best in her circumstances.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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