When were IVA's made 'legal'

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kallis3

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Post by kallis3 » Sat Aug 22, 2009 9:26 am
Sorry topgeeza! It was a long day yesterday and a fairly early start for me this morning!

It's a pity that you can't swap over to an IVA now, but as you only have 4 years left I doubt you could.

You can still make your feeling known to CCCS in no uncertain terms.

I moderate on a DMP site as well, and the number of people on there who try to do it themselves are told to use either CCCS or Payplan.

I don't thnk I would go with either for a DMP as they have had some negative posts on here recently.
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topgeeza

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Post by topgeeza » Sat Aug 22, 2009 9:53 am
no problem Jan :-)
I'm looking at this as effectively unbalanced financial advice which has caused me financial loss, avoidable reputational damage and avoidable future impact to my credit file (i.e until 2015).

If this situation involved a financial advisor and a financial product (i.e a mortgage), I'd be able to claim damages for mis-selling, which is absolutely what has happened in my case with the CCCS.
 
 

kallis3

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Post by kallis3 » Sat Aug 22, 2009 9:57 am
You can still have a moan to them Neil - might make you feel better, if nothing else!

I complain for England if I think I have had bad service!
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size5

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Post by size5 » Sat Aug 22, 2009 10:36 am
The practical issue here really is that CCCS didn't have an option to provide IVA's at the time TG approached them, although they do now.

It certainly sounds as if an IVA MAY have been a better option, but without all the full facts it would be impossible to speculate further.

What I am surprised at is that the option seems never to have been mentioned at all, potentially giving further ammunition to those that doubt the impartiality of the non fee paying sector.

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johnnybriggs

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Post by johnnybriggs » Sat Aug 22, 2009 1:08 pm
Just as importantly they should have tested your attitude to bankruptcy and explained it as an alternative and recorded that conversation and that you objected to going bankrupt. On a work jolly to the CCCS some years ago they were very firm that they did this.

Its a shame there isn't an equivalent to the R3 document for dmps. I'm sure there will be - it might have addressed the op's problem.
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kallis3

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Post by kallis3 » Sat Aug 22, 2009 3:24 pm
I think things have come along in leaps and bounds since then. Neil would have been offered all options now. He should, however have been offered them then as well.
Sharing from experiences of dealing with debt
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topgeeza

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Post by topgeeza » Sat Aug 22, 2009 4:47 pm
I agree with both Jan and Size5. I have yearly budget reviews with the CCCS which means they have so far had 7 annual opportunities to suggest an IVA to me which they have never done. They state that their service will always offer the most appropriate advice but BOY that is SO far from the truth in my situation.
 
 

topgeeza

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Post by topgeeza » Sun Aug 23, 2009 9:15 am
size5 wrote:

The practical issue here really is that CCCS didn't have an option to provide IVA's at the time TG approached them, although they do now.
Earlier in the post, Jan said that she believed that IVAs were born in '....about 1986 with the advent of the Insolvency Act...'
 
 

kallis3

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Post by kallis3 » Sun Aug 23, 2009 9:21 am
They were - I think what Size5 is referring to is the fact that CCCS didn't do them at the time you needed help. I think they have only started doing them relatively recently.

They should still have informed you of the options, even if only to say that you would need to go to another company to do it.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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Michael Peoples

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Post by Michael Peoples » Sun Aug 23, 2009 12:31 pm
They did not offer the facility until large numbers of their clients started to go to IP firms. It was a commercial choice to offer IVAs and not because it was of help to their clients. I wonder how many of their clients in long term DMPs are being offered the opportunity to switch to an IVA or are they being kept in the dark?
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kallis3

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Post by kallis3 » Sun Aug 23, 2009 12:48 pm
It would appear that it might be the case here.
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MelanieGiles

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Post by MelanieGiles » Sun Aug 23, 2009 3:19 pm
The fact that they did not do IVAs, does not excuse them for not giving good all round advice on the range of options available - all of which were existent in 2002 - and incidentally, in 2002 no creditors operated a 10 year rule where an IVA was deemed to be inappropriate. You should ask them why they did not advise you correctly at the time, as you could have possibly concluded your debt repayment arrangements in 2007 and had a clear credit file in 2008.
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topgeeza

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Post by topgeeza » Sun Aug 23, 2009 8:09 pm
MelanieGiles wrote:

The fact that they did not do IVAs, does not excuse them for not giving good all round advice on the range of options available - all of which were existent in 2002 - and incidentally, in 2002 no creditors operated a 10 year rule where an IVA was deemed to be inappropriate. You should ask them why they did not advise you correctly at the time, as you could have possibly concluded your debt repayment arrangements in 2007 and had a clear credit file in 2008.
Absolutely Melanie! [:D]

Do entities such as the CCCS have a governing body such as the Financial Ombusman or similar?

I'm hoping I have a path for recourse here...
 
 

MelanieGiles

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Post by MelanieGiles » Sun Aug 23, 2009 8:57 pm
You could try the Financial Ombudsman, but it would be discourteous to do this without giving them the opportunity to explain the advice they gave you in the first place, and why they felt that an IVA was not an appropriate solution for you then. There may be good reasons for this.
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topgeeza

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Post by topgeeza » Sun Aug 23, 2009 9:53 pm
MelanieGiles wrote:

You could try the Financial Ombudsman, but it would be discourteous to do this without giving them the opportunity to explain the advice they gave you in the first place, and why they felt that an IVA was not an appropriate solution for you then. There may be good reasons for this.
I agree....and that's why I raised a formal complaint with them last Friday :-)
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