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nuttymarbles
Posts: 39
by nuttymarbles » Mon Mar 12, 2018 4:09 pm
so long story short, it's now been 7 months since submitting my documents, apparently been read and now waiting for a variation telephone call! that was weeks and weeks ago, so I call again and to be told oh we can't do your telephone call as we are waiting for a system update, seriously? worlds longest system update, I've now cancelled payments due to personal happenings, I did pre warm them months ago, why are they taking their sweet time? I've been told so many lies with this company, so very unprofessional, do I have any rights over this? surely this can't be right 7 months later?
nuttymarbles
Posts: 39
by nuttymarbles » Mon Mar 12, 2018 4:12 pm
nuttymarbles wrote:
so long story short, it's now been 7 months since submitting my documents, apparently been read and now waiting for a variation telephone call! that was weeks and weeks ago, so I call again and to be told oh we can't do your telephone call as we are waiting for a system update, seriously? worlds longest system update, I've now cancelled payments due to personal happenings, I did pre warm them months ago, why are they taking their sweet time? I've been told so many lies with this company, so very unprofessional, do I have any rights over this? surely this can't be right 7 months later?

this is for a full and final by the way
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Lisa Thomas
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by Lisa Thomas » Mon Mar 12, 2018 4:14 pm
Once you have sent them all they need they have 21 days to cal the creditors meeting, giving at least 14 days notice.

They are 6.5 months in breach of their duty.

Make a written complaint by registered post- you should have had the meeting, and potentially had your IVA closed by now.

Then you can follow up here:

https://www.gov.uk/complain-about-insol ... actitioner
nuttymarbles
Posts: 39
by nuttymarbles » Mon Mar 12, 2018 4:19 pm
Lisa Thomas wrote:
Once you have sent them all they need they have 21 days to cal the creditors meeting, giving at least 14 days notice.

They are 6.5 months in breach of their duty.

Make a written complaint by registered post- you should have had the meeting, and potentially had your IVA closed by now.

Then you can follow up here:
exactly what I thought Lisa, I will do that tonight then, I have also complained to the government gateway they are reviewing it at the moment so waiting on them too, it's disgusting.
https://www.gov.uk/complain-about-insol ... actitioner
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Foggy
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by Foggy » Mon Mar 12, 2018 4:19 pm
Remind them that there are agreed timescales in the Standard Terms and Conditions that they have to abide by, irrespective of "system updates", or even the actual truth (taken on too much work and are severley under resourced -- it is a habit of theirs!).

I have added a link below to the 2014 & 2016 protocol T&Cs and if you go to the end of the 2014 and look at Part IX 19.2, meetings of creditors, you will see there that the supervisor must call a meeting within 21 days of request. However this is removed from the 2016 protocol so obviously some of the big firms managed to manipulate this as they could not comply.

https://www.gov.uk/government/publicati ... a-protocol

Given that most people now who would be seeking a variation at this time would have entered their IVAs before 2016, it is likely that they can demand a variation within the 2014 terms unless somehow their IP has managed to get them to agree to a subsequent change. I am not sure how the 2016 changes could override the 2014 without consent of the debtor but I am sure someone will always try and argue the case.
nuttymarbles
Posts: 39
by nuttymarbles » Mon Mar 12, 2018 4:33 pm
thanks foggy, well I haven't signed any new contract with aperture, I was previously with debt free direct, and I had to find out myself of the change, written complaint tomorrow will be sent it's so naughty of them.
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Hufflepuff
Posts: 60
by Hufflepuff » Mon Mar 12, 2018 7:18 pm
Hi Nutty,

I made a complaint to CF a few weeks ago for a very similar request that I been chasing and chasing since November.

Once the Compliance Team became involved it was sorted out very quickly.

Good luck

Huff
nuttymarbles
Posts: 39
by nuttymarbles » Tue Mar 13, 2018 9:32 am
Hi Hufflepuff, thank you gives me some hope, well ive complained to the government gateway and its been passed on to another authorizing body now, so hopefully will start to move, just sick of the stress.
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