After 2 years of being in an IVA. We were with one company and fell behind with payments as they were set too high. We wrote letters made calls etc but never received an answer. Then another company took over Creditfix. We made payments to them and explained what we could afford and paid this each month. Then 3 months later we received a phone call to say that we were in arrears and they wanted the full amount of the arrears. again after explaining the reasons why and giving them the full income /expenditure form we were told they would get in touch with the creditors under a variation notice. We had to give them our card details so they could take payments for the full amount which they had been told they would not be able to get. We did pay what we could afford which is consistant amounts but half of the amount set. We were told this would be okay to do and a meeting of creditors was set for March. Then we have had since then each month excuse after excuse as to why a virtual meeting with the creditors had not taken place. This is because Creditfix has changed their paperwork and 1 creditor is not happy with it. Then now we have received an email to say that we need to settle the full amount of the last three months arrears or prepare for the IVA to fail / bankruptcy. We feel we need advice from experts.
It appears to me that you have not received the level of service expected.
If you have retained all your email correspondence I would put in a formal complaint and ask them to immediately seek a variation meeting with creditors to agree an affordable payment- this may mean extending your iva to accommodate the reduction in payment .
A request for a variation meeting should not take any longer than the arrangement of your initial iva meeting - your IP should act on your request and not ignore it.
I would insist on a conversation with your IP not a caseworker and I would listing in date order all the communications you have made to demonstrate your request for a review and their subsequent nil contact...
Let us know how you get on
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
I would also emphasise that this has been exacerbated by the delays caused by Credidifix's mess in changing paperwork from agreed industry standard without prior consultation.
Make a formal complaint, direct to the IP, in writing (preferably by recorded snail mail, to provide proof of delivery), which you can escalate via the government gateway if no joy.
You should not be penalised by the previous companies inaction, the subsequent change to CF and then their ineptitude!
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014 http://foggy.blogs.iva.co.uk