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Posted: Tue Mar 04, 2008 12:29 pm
by john_r
Ive been reading your letters about uk bankruptcy. I was approched and felt they made sence as we could not afford our iva repayments. so signed upto ukb. Started to thing ive made a big mistake, when since i made my first payment to them, they have had no contact with me. What can i do! HELP PLEASE.
Posted: Tue Mar 04, 2008 12:46 pm
by MelanieGiles
Hi john.r and welcome to the forum
What a shame you have sent these people money and you cannot get any service from them. I wonder how long it will be before people start accusing this unregulated company of mis-selling rather than members of my profession.
I would firmly ask them for your money back, and the get in touch with your own insolvency practitioner for advice.
Posted: Tue Mar 04, 2008 1:46 pm
by Reviva UK
Good advice melanie!
You will no doubt have a contractual agreement with them and within this you can see what clauses you have re cancelling their agreement and seeking a refund.
Interestingly because you have no angry creditors ( they are all nicely in the IVA and are not bothering you anymore) then at this point the company has not actually done any work so seems reasonable for you to get a refund. I am sure that the Office of Fair Trading would agree ( no work then no retained fee).
It may not be too late to get back on track with the IP if you have a frank discussion with him and as soon as you get a refund it could be forwarded to the IP.
Fundamentally if the payments are affordable and you are not on the poverty line because of the IVA then the IVA is a great solution to debt.
It would be useful to quantify what they would actually do for £1000 so you can see what value you have.
I have spoken to melanie about our assisted bankruptcy service - which is chargeable and even at the entry level actually covers a lot of work.
Some people are more than capable of managing the process themselves and one can get all the information from the courts, insolvency web page etc.
However if they are offerng an administration service AND handholding service it seems fair that you understand what it is you are actually getting for your mone.
Hope this helps
Posted: Tue Mar 04, 2008 8:23 pm
by john_r
Thank you, good advice i have spoken to my ip and have told them the repayments are a bit high. They are sending me a variations pack. and as for uk bankruptcy i will contact them first thing in the morning and ask what they have actually done for me so far, if nothing i will be asking for a refund and will also put this into writing. But if they refuse a refund where do i stand and who would i contact. And thank you all.
Posted: Tue Mar 04, 2008 9:51 pm
by Reviva UK
Good luck with the phone call.
I would recommend that if anyone is likely to have a stressful phonecall to plan the call and write down the points you want to cover.
you need to take control and manage the conversation and certainly don't get into a conversation.
I would suggest something like this.
Good morning - my name is XXX. Your Mr Y came to see me on 7th january at which time he recommended that I exit my IVA and go B. He also suggested that I had been missold an IVA.
I have today spoken with my IVA supervisor - MR ... and we have come to an agreement that I am able to fulfil. I therefore believe that I have indeed not been missold an IVA and as such I wish to cancel your contract. As you have not represented me with any of my creditors or in court I would appreciate a full refund and expect this within 5 days.
If I do not receive a full refund I will have no option but to inform the Office of fair trading and make a formal complain of misselling.
Hope the above helps a little.
Office of Fair Trading web site
http://www.oft.gov.uk/
To be fair to them if they have actually done some work it miht be appropriate for them to retain some funds but they would need to clearly identify what this was and it would need to be justified.
Posted: Tue Mar 04, 2008 9:52 pm
by Adam Davies
Hi
Let us know how you get on
Did UKB contact you after you responded to a letter from the IVA council ?
Regards
Posted: Wed Mar 12, 2008 2:28 pm
by john_r
I phoned ukb,and told them i wanted to cancel my agreement,because they have`nt even contacted any of my creditors. They said they would pass my case over to accounts and they would contact me about a refund. This was on the 5th march. But yet again have had nothing back. So this morning decided to write a letter of cancellation,explaining exactly why. and asking for a full list of what my payments were used and asking also for a refund, and telling them that I expect this by 7th april or I will be contacting the office of fair trading. and to make sure they recieve this letter I paid for special delivery.
Posted: Wed Mar 12, 2008 2:36 pm
by debbiw
Thats a good idea to send this special/recorded delivery and then you have proof, its gone. Keep at them!
Posted: Wed Mar 12, 2008 8:08 pm
by Adam Davies
Hi
Let your case be a lesson to all.
I hope you get a refund,by the way how did you get involved with BKUK,was it via The IVA Council
Regards