font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy
No, they are not absolutely refusing, but offering to canvass creditors to see what the reaction might be. As I mentioned earlier though, they can influence the outcome in the way they put it to creditors.
The canvass creditors is there suggestion, that I can ignore (no wait in this), and insist on them calling a variation meeting to put my offer forward that I believe doesn't lack creditability and should include by reasoning?
Update: Just received email from IP:
" We might all make a different choice of words; the position remains, however, that your offer would not be acceptable to creditors and the suggestion made by Mr senior Mannager of £7500 whilst not being guaranteed to succeed would appear to be appropriate in the circumstances.
Would you like this to be put to creditors by way of a variation meeting?
Kind regards,"
How should I reply? Once again it's still not actually refusing to put my original offer fwd. The "position remains" being they the believe my offer will not succeed, but not actually refusing? Playing games with words!
Please help.
Last edited by GL on Fri Sep 04, 2015 8:42 am, edited 1 time in total.
I would suggest follow Foggy advice regarding the full and final.
I would also suggest continue to make a formal complaint about how this has been handled and the way that staff have chosen to handle this.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
Just email back and say you want the variation proposed offering what you can afford and not what they are demanding. The IP must propose the variation and if rejected let the IVA run its course and creditors will get less.
Michael,
I've done this, emailed IP straight back.
Here's what I said: Okay?
"Yes, I would like you to put forward my offer (£4400) to creditors, by way of variation meeting, that was stated in my original letter along with details why I believe it to be a fair and reasonable offer.
I would also like to see and approve the variation report before its sent to the creditors.
If they do not accept, then fair enough I have no other alternative but to extend for a further 12 months, the offer amount can not be increased. I have now stated this on several occasions.
The creditors need to be informed of my offer and for them to make the decision. "
If they do not do as asked I would consider making a complaint. On the grounds that communications with the firm are falling on deaf ears I would suggest going straight to their regulators via the Gateway at:
Foggy, Yes I will do. but hoping the nonsense is now all over and they will call the variation meeting with my offer.
I was reading the minutes from the IVA standing committee for last month were they asked one of the IVA providers to remove the conditions in allowing them to decide if to call a variation meeting.
We use R3 standard terms and conditions which we have no intention of changing. If the protocol T&Cs change perhaps people should seriously consider using firms who operate the R3 conditions as it would give them added protection as under R3 we must call a variation if requested to do so by our client.
A lot of this is about knowing the difference - its the same as if someone is a member of the Debt Resolution Forum.
If you look at the DRF codes and standards I would not willingly deal with any organisation that sees it as their job to undertaken activities that "...lead ultimately to the financial rehabilitation of
the debtor."
The company that we were originally with was a good one but are apparently are still members of DRF and knowing this would have been a factor in making a decision to go with them.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
We are not members of the DRF but to be fair there are a lot of good things that they do. However I do agree the wording sounds like their clients are serving a prison service and will be retrained for the outside world which is probably not the intention.
IVAs are not punishments and our clients are not naughty school kids who need spoonfeeding about their finances in the future. Most people in IVAs are there due to marital breakdown, sickness, redundancy and other unavoidable causes. They know exactly what went wrong and when so they are more than capable of looking after their own affairs in future without being 'rehabilitated'.
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Michael Peoples
We use R3 standard terms and conditions which we have no intention of changing. If the protocol T&Cs change perhaps people should seriously consider using firms who operate the R3 conditions as it would give them added protection as under R3 we must call a variation if requested to do so by our client.
It is not just about which terms and conditions are subscribed to --- it is as much to do with the firm itself, it's ethos, approach and attitude towards it's clients.
For this reason alone I would have no hesitation in recommending a firm such as McCambridge Duffy to anyone considering an IVA.
Of course, I would still advocate chatting to several firms as, in the end, it boils down to personal choice.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
If we had realised just how much chance and good luck played in making the decision to go down the IVA route we probably would not have done it.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
