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Posted: Mon May 14, 2007 3:51 pm
by Sadsack
After nearly 10 months of being in an IVA with Debt Advisor, today is the very first time that they have made contact with me - and by email!!! In all this time, I have telephoned them requesting information only to be told consistantly they would get back to me - which of course they never do. I never once did get to meet my IP, a gentleman came around to the house to collect my documents, I was informed of the date of my Creditors Meeting when I called them. No matter how many times I tell them that I am struggling to make my IVA payments and all the other bills (interest rate increases etc), it seems to fall on deaf ears. The email reads as follows:
"I would be most grateful if you could provide me with the listed information, along with your signed RX1 form and modifications as soon as possible.
Furthermore, I would like to ask you whether you would benefit from attending a meeting with Beverley Budsworth to consider your alternative proposals to your arrangement, moving forward?"
Question: Is there any probability that IP's can be changed whilst in an IVA?
Sue
Posted: Mon May 14, 2007 4:00 pm
by MelanieGiles
Sorry Sue - changing IPs is nigh impossible, unless you go to Court and get a Court Order, in which case you will need to have very good reasons for your application and meet all Court costs. Suggest you try and build bridges with Beverley and find a way forward in which you can work together if possible.
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
Posted: Mon May 14, 2007 4:08 pm
by Sadsack
Thanks Mel! First let me scrape myself up off the floor, dust my shoulders off, don my body armour and launch myself into battle!!!! I think we are going to clash and bang our heads, but hopefully there will be someone else there to arbitrate. If we do meet up, I think it is going to prove to be quite a challenge.
Ho Hum!! Back to banging my drum!
Sue
Posted: Mon May 14, 2007 4:15 pm
by Skippy
Sue, if you ask Debt Dummy nicely I'm sure she'll lend you one of her warrior's helmets for when you meet your IP!
Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.
View my blog at
http://skippy13.blogs.iva.co.uk/
Posted: Mon May 14, 2007 4:33 pm
by Sadsack
DebtDummy - is your warrior helmut available for war?!!!
Sue
Posted: Mon May 14, 2007 4:45 pm
by iva experts
Hi Sue,
It’s unfortunate that you have a bad relationship with your I.P, this should be an encouraging time as you are dealing with your debt problems not a time that frustrates you.
Anyone who feels they are being mistreated by their IP and would like to lodge a formal complaint, can do so by contacting the Insolvency Practitioners Association (IPA) on 0207-623-5108.
Think of it this way, at least you only have 50 months to go!
Hope this information is of use
Regards. IVA Experts
Posted: Mon May 14, 2007 5:09 pm
by Adam Davies
Hi Sadsack
Most people who yell down a phone are very different when face to face with someone.
You should relish the chance of meeting her. Put your thoughts across to her in a firm but controlled manner.
At the end of the day, the relationship between an IP and client is one of professional and paying customer.
Anyone who feels their IP is not behaving in a professional manner should lodge a complaint.
Regards
Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)
Please check out my blog:
http://andydavie.blogs.iva.co.uk
View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp
Posted: Mon May 14, 2007 5:21 pm
by Sadsack
Hi Andy
I do keep forgetting that I am paying her to look after mine and the creditors best interests.
Is an IPs best interests to keep a client in an IVA i.e. by declaring a client bankrupt for whatever reason, does an IP stands to get zilch at the end of the day?
Sue
Posted: Mon May 14, 2007 7:26 pm
by Adam Davies
Hi
Some companies in this sector make more money from IVAs than from bankruptcy. I am not saying this is the case here, but it is worth bearing in mind.
regards
Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)
Please check out my blog:
http://andydavie.blogs.iva.co.uk
View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp
Posted: Mon May 14, 2007 9:37 pm
by MelanieGiles
Going back to your original post, it is strange that they are only now asking 10 months after your IVA was accepted for Form RX1 and your agreed modifications which were passed at the creditors meeting.
Andy - the IP may not just get nothing under bankruptcy proceedings. If the IVA fails, she may get herself appointed Trustee (this is quite common and I do it myself occasionally) and also get paid fees from the bankruptcy administration.
Don't get alarmed by this Sadsack - I am making a technical comment and not one about your case specifically!
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
Posted: Tue May 15, 2007 10:39 am
by tracy.h
Hi Sue my former ip told me that if i went BR then he would be my Trustee.
Now then have you had a little chat with your partner,or are you chilling the wine in antisapation.
Tracy
Posted: Tue May 15, 2007 3:08 pm
by Sadsack
Hi Tracy
Don't think I would be best pleased if she were my trustee!!!!
No, I have not had that little chat yet - going to have to warm the wine up in anticipation!!!!!!! But I promise to let you know how I get on!
Take care you
Sue
Posted: Thu May 17, 2007 3:47 pm
by Adam Davies
Hi
Not that many failed IVAs result in bankruptcy,many turn back into neverending debt management plans.
Regards
Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)
Please check out my blog:
http://andydavie.blogs.iva.co.uk
View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp
Posted: Sun May 20, 2007 2:07 am
by ordinary_world
I wish you all the best for your meeting Sue!
Just to supplement the warm wine as prep for your meeting with Bev, have a glance at the book 'Dealing with People You Cant Stand' by Rick Brinkman and Rick Kirschner.
I've found the book invaluable for dealing with difficult personalities. It gives a superb insight into different behaviours and how most negative behaviours actually begin with positive intent (the road to hell is paved with good intentions so to speak).
The positive intent for Bev may be 'getting the job done the way SHE wants it done' with little consideration of the human/people aspect. Perhaps when things dont go her way she enters into 'Sherman Tank' mode whereby she becomes verbally aggressive with a single-minded focus to assert her control. The purpose of this behaviour, according to the book, is to shove you back on course or eliminate the obstacle that you represent to her.
Now the authors of this book recommend the following strategy for dealing with the Sherman Tank:
1. Hold your ground.
Do not change your position whether standing, sitting, or making up your mind. You dont need to go on the defensive or offensive. If the Sherman Tank rants, just hang in there wait for it to end and say 'Is that everything?'
2. Interrupt the Attack.
Say the Tank's name (her preferred one given the context that is!)over and over again until you have her full attention.
3. Quickly backtrack the main point.
Now you have the Tank's attention, quickly backtrack the main accusation(s) being made.
4. Aim for the bottom line and fire!
A good two sentences beginning with 'In my opinion...' or 'The way I see it...'
5. Peace with Honour
If the Tank's accusations are untrue, perceptions unrealistic, or demands unfair, you should redirect to a peaceful solution by offering the Tank the last word, only YOU decide where and when e.g. 'When you're ready to talk to me with respect...'. YOU then assign time and conditions for their last word eg. 'When you're ready to talk to me with respect, I'll be ready to discuss this matter further.'
If the Tank is correct then dont waste any time: a) admit mistake; b)state briefly what youve learned from episode; c)state what you will do differently to avoid reoccurrence.
Mind you Sue, as Andy say's, most people are different in face-to-face situations so there will probably be no need to worry! However, I couldnt resist sharing this very interesting book - which I bought to combat the many Snipers on my political battlefield at work! Apologies, I read a book for EVERYTHING! Drives my good lady mad particularly when we're running out of cupboard space!
Best
OW
- 'I wont cry for yesterday 'cause there's an ordinary world somehow I have to find...'
Posted: Tue May 22, 2007 10:10 am
by Sadsack
Well! How things have changed!! I now no longer speak to Beverley!!! I now speak to the office manager. Got a telephone call from said manager yesterday who was quietly spoken, to the point and extremely helpful. Because I am struggling with my payments and bills etc, she agreed to a variation (will cost more money) but there is still the issue over my property which will have to be adressed ASAP. She also agreed with me that there are no provisions in my Chairmans Report regarding the sale of my property - the only mention is in "File Notes" from Grant Thornton who wanted and equity release of £13,000 and not "when". Therefore, the property does not have to be sold straight away (it would make life simpler and bills would get paid if it does) which means I can stop the panic.
WE ARE GETTING SOMEWHERE!!!!!!!
Thanks to all who posted - your support is invaluable!
Sue
Ho Hum! Think I'll bang my drum!
Read My Blog
http://sadsack.blogs.iva.co.uk/