please advise if action by HMC&E is legitimate

[Viki.W]

Hey russell, from what Melanie and Ian have said, it doesn't seem right but now you have supplied a bit more info I'm sure they will be able to help you further. Sorry you're having all this trouble. viki X

[MelanieGiles]

This is a nonsense Russell, and if there is such clause in your IVA contract I will be very suprised. Your IP cannot possibly expect to keep your normal VAT refunds which are payable during the normal course of business - do they actually understand self-employed cases and cashflow forecasting?

[russell.s]

I have explained this over and over to my IP and they got a little shirty with me!
I have since had a letter from them saying that they won't give it me back in the future
Do you think i should get some legal advice?

[MelanieGiles]

Russell - do you mind telling me who your IP firm is (do it directly to my website if you don't want to mention it live) because I am finding this whole tale a little alarming to say the least and this does need to be sorted out.

[russell.s]

It is a company called Debt Solve formerly Tony Freeman and Company. They are based in Manchester.

[MelanieGiles]

I feel sure that this firm are the same ones that deal with Andy Davie's IVA. Perhaps Andy still has a contact in there he can speak to, or alternatively Ian may well know someone there to speak to.

[russell.s]

Ok sounds good thanks.
I need to get it sorted one way or another!
Is there anyway I could change my IP?

Thanks again

[MelanieGiles]

Very difficult to change IPs without good reason, and would involve an order of Court. Have you tried speaking to Mr Freeman himself to see if he is aware of the advice being given out by his staff and whether he concurs that this is correct. Would be worth doing that before taking matters further.

[russell.s]

Possibly a slight misunderstanding Melanie. The Company was formerly Tony Freeman & Co. I dont know if there is a Mr Freeman in the present company. The correspondence is signed by the supervisor. I will try to call them tomorrow and ask to speak to the MD.

[ianmillington]

My understanding is that Tony Freeman & Co was winding down it's operation and getting out of the IVA marketplace. Don't know if TF has arranged for transfer of hios cases though.

Russell, I do know a couple of people who (used to) work there and will put a call in if you wish. However, I could do with having a bit more detail before I do if possible.

Like Melanie I can fully understand it if a pre-appointment VAT refund went into the IVA but post- appointment? That must be a big no-no, after all it simply represents VAT that you have already shelled out on your purchases.

Have you seen the clause under which they claim to be able to perform this rather odd act? What does it say? Also, did HMRC modify the terms of your proposal in any way?

Ian

[russell.s]

Thanks for your efforts Ian.
You and Melanie have given me the much appreciated support I need to look into this further.

As you will understand my new business needs my full time plus but I will follow up asap and will post again.

[ianmillington]

Come back when convenient Russell