fobbing me off with excuses

[taz2170]

Hi
I have had an iva for over 2 and half years now , but was paying a substantial sum into this before the meeting , i hav now just found that this figure will not be taken off the amount of time i will paying .The iva started almost a year after i started paying , i assumed wrongly that that was almost one year out of the way.I have brought this up with Debt free who seem very nonchalant about everything that might mean a reduction in payments etc and brush my queries aside fobbing me off with excuses.

I am now in a position that could result in my not being able to get to work, as the car is now off the road. failed MOT and other bits. The car was on a personal loan with lloyds who have placed a HPI marker on the car preventing me from selling it etc , debt free told me they cant do this but to date have done nothing to sort this out , they also stated that when the car was no longer serviceable they would help , they havent . The service was stated as being free , i have now looked at this years statement and see that its far from free , almost 5k has been applied to the final didvdend , granted it comes out of what i have paid but this not free is it ?

I am wondering if i can change my ip at this stage ? or wether i should stop paying them and petition for bankruptcy , i am not surewhat to do and feel that debt free have ripped me off taking advantage of the fact that i am in trouble with my money. I opted for the iva as i was concerned that i may lose my job , its hard to find out info without tipping them off that i have these troubles so i dont know what will happen if i were to go bc.thanks in advance for ploughing through that little lot !

[louisa.s]

Welcome to the forum,

Unfortunately I don't know the answers to your questions and can only offer you support through this. One of the forum experts will be along shortly and be able to hopefully answer your queries. As for jobs I know that if you are in the forces, police or solicitor then you cannot go bankrupt.

Lou

PS Admin is there anywhere on this site that has a list of jobs that you cannot do if you are bankrupt - perhaps in the articles section? That might help people if they are looking but feel to nervous to pose a question on the forum (took me weeks to pluck up courage in case I was laughed at)

[Adam Davies]

Hi
It is near impossible to change your IP I'm afraid but at the end of the day you need to get to wotk.
I suggest that you speak with your IP[make sure that it is your actual IP and not a case worker]and ask for a payment break to fund a new car or the repair of your exisying car.
I would also chase until you get a difinitive answer on what has happened to the 12 months payments that you have made prior to your IVA.
Something is not right
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[MelanieGiles]

If you paid this money into the IVA prior to the proposals being presented, it should have been shown as an assets on your Statement of Affairs. If this did not happen, and your IVA was set to provide for 60 monthly payments from the date of the creditors meeting, this money was not accounted for in the proposals. You need to therefore ask your IP under what context it is being witheld from you.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[taz2170]

Hi
It is near impossible to change your IP I'm afraid but at the end of the day you need to get to wotk.
I suggest that you speak with your IP[make sure that it is your actual IP and not a case worker]and ask for a payment break to fund a new car or the repair of your exisying car.
I would also chase until you get a difinitive answer on what has happened to the 12 months payments that you have made prior to your IVA.
Something is not right
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

Hi Andy
Thanks for that easier said than done but will keep on at them , if all else fails i will stop payments that usually gets people to listen!
regards taz2170

[taz2170]

If you paid this money into the IVA prior to the proposals being presented, it should have been shown as an assets on your Statement of Affairs. If this did not happen, and your IVA was set to provide for 60 monthly payments from the date of the creditors meeting, this money was not accounted for in the proposals. You need to therefore ask your IP under what context it is being witheld from you.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

Hi Melanie
Thanks forthe info , i will be speaking to them if i can get the bloke on the line ! as i said to Andy if all else fails so will the iva !is there an independent body that i can complain to if they continue to be evasive etc ? I wouldnt have enetered into this had i known how it was going to be run , so far all they seem to have done is stop the creditor harrassment and taken a shed of cashh off me , i can only assume that this is being done legally as my name is on the iva register ,which again i wouldnt have agreed to had i been told , this could cause me a lot of trouble , without going into detail on an open forum .
regards taz2170

[Cybus]

I too would be interested in seeing the Statement of Affairs appended to the proposals.
Unless I am mistaken on this point, your IP should have declared in the proposal and Nominee's Report what you have paid to him prior to the meeting and further it should be declared how those funds have been utilised.

It may well be that the proposal reflects that the Nominee's Fee has been paid prior to the meeting of creditors from those funds you have paid, in which case the Statement of Affairs will possibly show only Supervisor's Remuneration as being deductible from funds paid post meeting.

Check the modifications to your proposals too. If the monies paid to Debt Free Direct were properly disclosed in the proposal and Nominee's Report, it is possible that your creditors would have sought to modify the proposal to the effect that funds paid to the Nominee prior to the meeting should be introduced in to the arrangement net of the Nominee's Fee. So say you had paid £2,500 pre meeting and the Nominee's fee was £2,350, the R & P should reflect payment in to your arrangement of £150 balance.

It's sales patter when they say a service is free. It's not free, far from it. Any engagement letter you received from Debt Free would outline the charging structure used. It's only free in that you, yourself, are not making any additional payments above those in the arrangement in respect of fees. Fees are deducted from those contributions.

As suggested above, you should seek clarification from the IP as to precisely what has happened to those monies you have paid to him prior to the meeting of creditors.

If you do not get a satisfactory answer, let us know ... I personally would then suggest that in the absence of adequate explantion, you ask the IP's licensing body to seek clarification on this point on your behalf.

Tell it like it is.

[jpj]

How can you pay for a whole year BEFORE your IVA started?? surely that means it took them a whole year to put your proposal together?? Is that a record??

Just remember its YOUR IVA!! if you go bankcrupt you are going to punish yourself as well as your IP,and by the sound of things your IP wont loose much sleep anyway!!

JPJ

[taz2170]

thanks all of you for the replies it does confirm what i had already thought, i will be having a serious word with debt free as i think they have pulled the wool somewhat! It probably is a record , the meeting only came into being as i stopped paying into the iva in order to force them to stop messing about they said 6-8 weeks and as it turned out it was august 2003 to june 2004! knowing what i know now i would have gone for bankruptcy , unless i am very wrong the ability to get credit afterwards is just as difficult with an iva as bankruptcy anyway? they certainly dont want to lend money with those pars they charge us financial wizards!!
thanks again all the best taz2170