Flowers, can I suggest that you phone an independent insolvency practitioner. They can't tout for business (professional ethics) especially when you're dealing with someone else so why not phone Melanie Giles.
I'm also interested in everything that's being said here because I'm researching Synergi for my blog (
http://voluntaryarrangementmole.blogspot.com/) - they are actually owned by a company called Debts.co.uk. plc who trade as Debts UK and The Debt Counsellor and some of their IVA advertising is, to say the least, questionable so it's interesting to hear that they're also failing to deliver the goods.
I would therefore certainly endorse the points Melanie Giles has made about any payments you have made to Synergi. Unless you have signed a separate agreement (e.g. to pay them for advice) they are not entitled to keep your money if the IVA is turned down.
They are in breach of the law (the Insolvency Rules) if they keep the money and they should at very least be reported to either the IPA or the ACCA - i.e. the bodies who are supposed to be regulating the two IPs at Synergi.
The legal reasons why they can't keep the money are fairly straightforward. Technically, the money they are holding belongs to creditors and they are holding it in trust. They can only take the money as fees if creditors approve the payments to the insolvency practitioners from the IVA trust account as part of the IVA proposal.