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admin

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Post by admin » Wed Oct 13, 2010 12:28 pm
We have slightly amended the title of this thread to make it easier for Declan to find it. Hope this is OK ?
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Declan at DebtFreeDirect

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Post by Declan at DebtFreeDirect » Wed Oct 13, 2010 1:08 pm
Hi Kazzy
Firstly admin - thank you for bringing this to my attention.
Kazzy, I am very keen to investigate this for you as two ignored emails is not acceptable and I will want to investigate that myself. Without knowing the full situation I cant really comment but from what has been said, it certainly seems like an issue on our end.

Not sure why you got a bounce back on my email but try this (sorry admin)*email deleted*

Thanks

*Sorry Declan but I have deleted the email*

I can always pass on this email address to kazzy if needs be.
Declan Murray
Debt Advisor
Debt Free Direct - the UK's largest IVA provider.
http://www.debtfreedirect.co.uk/iva/
 
 

kazzy

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Post by kazzy » Wed Oct 13, 2010 5:40 pm
Thanks all and thank you Declan.
Just had a call explaining that the estimated amount is there to stay as they don't/can't exclude anyone as they have the full length of the IVA to make their claim.
Am getting a breakdown sent in the post so I can see exactly what's what.
So all in all - about a year left in IVA, thanks again to everyone who replied :)
 
 

MelanieGiles

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Post by MelanieGiles » Thu Oct 14, 2010 12:14 am
That is not correct. Your IP can set a date for the submission of final claims, beyond which any unclaimed amounts are excluded for dividend purposes. I am sure that Declan will find someone in DFD who can explain this to you properly.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kazzy

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Post by kazzy » Thu Oct 14, 2010 6:48 am
I received the call because of Declan's efforts, and they explained that DFD can't/don't exclude any creditor until the end of the term - they would if they could but they can't.
I guess that's just their way of doing it?
 
 

MelanieGiles

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Post by MelanieGiles » Thu Oct 14, 2010 9:09 am
But it is not correct - and if they are using the IVA protocol then this is directly in contravention of the terms of the protocol. Perhaps Declan will be able to clarify this issue if he is on the forum later on today.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kazzy

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Post by kazzy » Thu Oct 14, 2010 12:05 pm
I must admit, I would've been a whole lot nicer for us if they could seek to exclude these three creditors, but during the phone call yesterday when I said that some of the experts here have mentioned doing so, I was told as I've said above.
It's kind of hard for me to challenge this when I myself am not an expert so I'm in a position of trusting DFD.
I hope Declan clears it all up and explains about them not being able to set a date but allow the full term for claims :/
Obviously I don't know all the legalities of the IVA setup, that's why I entrusted DFD to sort it all out.
 
 

liamjames

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Post by liamjames » Thu Oct 14, 2010 12:36 pm
MelanieGiles wrote:

That is not correct. Your IP can set a date for the submission of final claims, beyond which any unclaimed amounts are excluded for dividend purposes. I am sure that Declan will find someone in DFD who can explain this to you properly.
We agree. Different IPs seem to have such radically different procedures and I'm sure that it would benefit us, our clients, creditors and the industry if more of this was standardised.
Take care,

Liam James
Varden Nuttall
http://www.vardennuttall.co.uk

Read our reviews here: http://www.iva.com/iva_companies/Varden_Nuttall.asp
 
 

Declan at DebtFreeDirect

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Post by Declan at DebtFreeDirect » Thu Oct 14, 2010 2:17 pm
Hi Kazzy
I will indeed ensure this gets cleared up for you and that you get a full explanation of what is happening with your case.

Thanks
Declan Murray
Debt Advisor
Debt Free Direct - the UK's largest IVA provider.
http://www.debtfreedirect.co.uk/iva/
 
 

kazzy

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Post by kazzy » Thu Oct 14, 2010 2:40 pm
Hi Declan
I think I understand what's been said. You don't exclude any creditor until the very end of the term, so I've got to pay these estimated figures and hope that it all pans out ok.
I should be getting a breakdown of the workings out of my case and if I've got any problems when I get that, I'll be sure to call.
There just seemed to be a bit of confusion brought about by different IP's using different procedures I guess.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Oct 15, 2010 12:08 am
Declan

For my own benefit - can you please explain why DFD are telling clients that debts cannot be excluded in the event of a no-claim. Please e-mail me off line if you feel more comfortable, as I am concerned that other posters may be reading this and getting confused.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kazzy

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Post by kazzy » Fri Oct 15, 2010 1:51 pm
I must admit, it is very confusing being told one thing by the well respected experts on this forum, and then being told something totally different when I speak to DFD.

I've scoured through my copy of 'Standard Conditions for IVAs' that I received with the original proposal and I can't see any mention of what happens in the event of a creditor not submitting a claim by a certain timeframe.

I haven't ever had any direct contact with my IP, maybe I should have I don't know... like I've said before, I'm no expert, just trying to get to the end of my IVA, however long that ends up to be :)
If it is the usual practice to exclude non-claimants before the end of the term of the IVA, I too am intrigued as to why DFD don't do this.

If it is relevant, I was told by one of the people from DFD that I will pay the estimated amounts, and if they cannot get the monies to the creditors who haven't submitted their claims, I would get it back again, although no time-frame was mentioned for this and they said that rarely happens as most creditors want their money (of course).

To be honest, it all sounds needlessly complicated.
 
 

bjwbaker

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Post by bjwbaker » Fri Oct 15, 2010 4:15 pm
Hi kazzy

I am really sorry to hear about the problems you are having. To me there is only one solution and that is to speak directly with your IP. My IP at DFD was exceptionally good, it is a shame I had to go through the customer care staff at all. Having said that, my IP had a lady working for him on the Supervisory team and she has been superb. I can honestly say that my IP and this other lady are the only two people whom I have got any sense out of. You may have to kick and scream but it is worth it.

All the best

Ben x
 
 

MelanieGiles

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Post by MelanieGiles » Sat Oct 16, 2010 3:23 pm
Was your IVA prepared under the terms of the IVA Protocol Kazzy?
Regards, Melanie Giles, Insolvency Practitioner
 
 

kazzy

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Post by kazzy » Sat Oct 16, 2010 4:58 pm
Hi Melanie,
How would I find that out? I've been trudging through my original proposal documents and can't find any mention of it.
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