under the threat of being made bankrupt

14 posts Page 1 of 1
 
 

janet.g

User avatar
Posts: 6
Joined: Wed Feb 21, 2007 3:40 pm
Location:

Post by janet.g » Wed Feb 21, 2007 3:42 pm
Dear iva.co.uk!!
I wonder if you can help me here.

I am in a situation where I have been in a 3-year IVA that was approved in Feb 2004 . As of the final creditors meeting then, the total amount of just over £31,600 were submitted to the court and it was agreed that I was to pay 100p in the pound to my creditors.

I had already started making payments 2 months before it was approved but in total I made a further 34 payments from Feburary 2004 to November 2004. In total my IP says total assets collected from me is 37,230.00 and he is, as both supervisor and nominee, on the case, claiming a total of £5,020 in fees and expenses. In January 2007 my IP is asking for a further £1,363 from me, claiming that he had underpaid one of the creditors due to administrative error in the second year of my IVA. If I don't pay, he'll bankrupt me despite my making 36 payments, and will not give me letter of satisfaction.

I'm wondering, well if he underpaid one creditor, there is more than enough in the pot to bring the creditor up to date as long as he wasn't overpaying another creditor. I have asked him to give me a breakdown of how the moneys have been paid in totals not as dividend analysis as I find them confusing. Simple arithmetic tells me that 37,230 - 31,600 - 5,020 leaves a balance of over £600 which I believe is owed to me.

Letters have been going back and forth over the past four weeks and no solution in sight. He is still insisting that I further pay 1,636. I have worked hard and paid my debt in full and unless the creditors have increased the amounts, I shouldn't be paying more. Yet I'm still under the threat of being made bankrupt for money I don't believe I owe. What can I do?
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Wed Feb 21, 2007 4:00 pm
Hi Janet and welcome to the forum.

I've already answered this on my blog for you - so have a look at my reply there.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

scaredkez

User avatar
Posts: 1454
Joined: Fri Oct 20, 2006 4:48 pm
Location: United Kingdom

Post by scaredkez » Wed Feb 21, 2007 4:01 pm
JANET WELCOME TO THE FORUM ONE of the experts will be along shortly to help you with any questions , i am not an expert just another person in debt good luck
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/
Please view my blog at: http://scaredkez.blogs.iva.co.uk/
 
 

janet.g

User avatar
Posts: 6
Joined: Wed Feb 21, 2007 3:40 pm
Location:

Post by janet.g » Wed Feb 21, 2007 4:24 pm
Thanks Melanie,

I have been to your site and have seen your solution. Will implement immediately.

Regards
Janet Gabriel
 
 

janet.g

User avatar
Posts: 6
Joined: Wed Feb 21, 2007 3:40 pm
Location:

Post by janet.g » Mon Mar 12, 2007 5:41 pm
Well it turns out that Barclays and HFC bank sold my debt to a company called Max Recovery Ltd after the first year of my IVA and the result is that, in total, they're asking for £2000 more than the original estimated amounts on the IVA? Are Max Recovery Ltd allowed to claim more than the original amounts owed and am I supposed to just accept it? I'm annoyed that I was not informed by my IP about the change in the situation all this. Are IP's only on the side of the creditors? It doesn't even look like Synergi even attempted to verify their claims. It turns out that I have no choice than to pay up the extra £1300 since my IVA stipulates that I pay 100p in the £.
 
 

neverending

User avatar
Posts: 693
Joined: Thu Apr 27, 2006 6:17 pm
Location: United Kingdom

Post by neverending » Mon Mar 12, 2007 9:22 pm
Hi
Have a look at the terms and conditions of your IVA as some have a provision for extra debts after the IVA is agreed as long as it does not affect the dividend by more than 10%.
At the worst you could extend your IVA for two months and this will cover the extra money asked for.
How your IP expects you to pay it now when all your disposible income goes into the IVA baffles me.As long as you pay it at the end then they will not bankrupt you.
Another great endorsement for Synergi !!!!
Last edited by neverending on Mon Mar 12, 2007 9:25 pm, edited 1 time in total.
Andy Davie
 
 

scaredkez

User avatar
Posts: 1454
Joined: Fri Oct 20, 2006 4:48 pm
Location: United Kingdom

Post by scaredkez » Mon Mar 12, 2007 10:34 pm
i am sorry to say another one of synergi's mess ups again, i am sorry janet for what you are going through but this company is appauling and you should complain to their governing body, i would also write to synergi and see what they are going to do about it, i have my own grudge against them but everyone on here that has used them have been so let down
i hope you can sort this out
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/
Please view my blog at: http://scaredkez.blogs.iva.co.uk/
 
 

janet.g

User avatar
Posts: 6
Joined: Wed Feb 21, 2007 3:40 pm
Location:

Post by janet.g » Mon Mar 19, 2007 8:32 pm
Hi scarekez and neverending, I've looked at the IVA proposal and the tolerance figure is 20%. God knows at the time I signed up, I was too eager to clear my debt and didn't know of the implications. I've decided to make an official complaint against Synergi and am in the process of collecting all the evidence that will support my case
 
 

neverending

User avatar
Posts: 693
Joined: Thu Apr 27, 2006 6:17 pm
Location: United Kingdom

Post by neverending » Mon Mar 19, 2007 8:50 pm
Janet
Your quote"God knows at the time I signed up, I was too eager to clear my debt and didn't know of the implications"
is so typical of how most people feel when considering an IVA,this is why this forum is invaluable and the more widely known about it becomes the better it will be for the IVA industry.
Keep us posted regarding your complaint.
regards
Andy Davie
 
 

go_4_broke

User avatar
Posts: 427
Joined: Tue Feb 27, 2007 10:12 am
Location:

Post by go_4_broke » Mon Mar 19, 2007 9:40 pm
Hi all

Just read thru this and a thought occurs - the clue is here -
Are Max Recovery Ltd allowed to claim more than the original amounts owed and am I supposed to just accept it
The short answer has got to be 'no'. Any purchaser of a debt in an IVA must be bound by the terms of the IVA. There's no way they could suddenly jump up and ask for more money.

What seems more likely is that the IP left the original debt out of the payment structure and it was not discovered until the debt was sold. So as far Max Recovery are concerned it's Christmas although they are probably only claiming what the original creditor(s) were due under the IVA.

Other than that the fact that the debt was sold is something of a red herring.

Hope that makes sense !

-Best

'5 years sticking my head into the Lion's mouth of debt !'
Please view my blog at www.go4broke.blogs.iva.co.uk

'Vive la differentness'
 
 

scaredkez

User avatar
Posts: 1454
Joined: Fri Oct 20, 2006 4:48 pm
Location: United Kingdom

Post by scaredkez » Mon Mar 19, 2007 9:43 pm
good luck janet with the complaint i have mine lodged already with the IPA.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/
Please view my blog at: http://scaredkez.blogs.iva.co.uk/
 
 

go_4_broke

User avatar
Posts: 427
Joined: Tue Feb 27, 2007 10:12 am
Location:

Post by go_4_broke » Mon Mar 19, 2007 9:46 pm
....and this also ties in with
he had underpaid one of the creditors due to administrative error in the second year of my IVA.
The 'administrative error' was that they forgot to pay one (or more) of your creditors.

There probably isn't any money in the pot to move over because they probably didn't ask you for enough in the first place.

-Best

'5 years sticking my head into the Lion's mouth of debt !'
Please view my blog at www.go4broke.blogs.iva.co.uk

'Vive la differentness'
 
 

neverending

User avatar
Posts: 693
Joined: Thu Apr 27, 2006 6:17 pm
Location: United Kingdom

Post by neverending » Mon Mar 19, 2007 11:27 pm
Just to add that I esimated a car lease debt at 5k and it turned out to be 10k a few months into my IVA, and this still stands.I,m pretty sure that creditors have a full five years to prove their debt.
regards
Andy Davie
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Mon Mar 19, 2007 11:36 pm
A creditor can change their mind about what they are owed at any time during an IVA, although this is rare and generally only seen where securities are revalued or assets realised - see Neverending's post above.

However, Janet's experience is one of mistake by the IP, and I don't see why she should be required to pay this extra money. Also, Max Recovery must be asked to produce statements to show why the debt has increased from the statement of affairs figure. If they cannot do so, then they should be informed by the IP that he is unable to accept the claim at that level without substansive evidence. In my experience Max Recovery will likely accept that argument on the grounds of good commercial common sense.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
14 posts Page 1 of 1
Return to “bankruptcy”