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moocow

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Post by moocow » Tue Dec 11, 2018 5:39 pm
Thanks everyone for their advice.

I had some more paperwork through the post today. He has a solicitor who has put in an order so that the interim charging order cannot be made final. Apparently it's been stayed until next year.

I spoke to a solicitor today who told me to speak to the IP and ask that the online meeting be made a physical meeting. As I am owed more than 25% of the debt, I am entitled to do this. Spoke to the dragon in the IP office who yelled down the phone at me and told me this was not possible and how dare I until I explained the above at which point she went deathly silent.

I spoke to the IP and queried some of the huge debts he supposedly has. The IP told me none of the debts he had seen proof of other than mine and he also said that the debtor told him around 40% of the debts were cash in hand deals which makes me think he has padded out the debts with people he knows and will not be able to substantiate this.

I've also done some more research and he has at least one more house he has in joint names (worth over £200k). I'm feeling a bit better today. If he is made bankrupt, at least that way the trustee will do in depth investigations and I am sure more owned houses will be discovered in the process.

Thanks again to everyone for their help. I do appreciate it especially Foggy who replied over the weekend when I was at an all time low.

Lisa Thomas

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Post by Lisa Thomas » Wed Dec 12, 2018 9:49 am
That is outrageous behavior from an IP who is supposed to be impartial and professional and is duty bound to act in accordance with an ethical code.

You could consider asking a complaint.

You will get to meet the debtor and the IP and put your questions to him at a physical meeting so i think this is a good idea in the circumstances.

Perhaps the threat of your rejection of the IVA and his potential Bankruptcy might convince him to come up with more evidence. The IP has to ensure she believes the debtor's proposals are accurate and truthful so she shouldn't recommend anything that seems otherwise.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk

Foggy

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Post by Foggy » Wed Dec 12, 2018 10:27 am
moocow wrote:
I spoke to a solicitor today who told me to speak to the IP and ask that the online meeting be made a physical meeting. As I am owed more than 25% of the debt, I am entitled to do this. Spoke to the dragon in the IP office who yelled down the phone at me and told me this was not possible and how dare I until I explained the above at which point she went deathly silent.
... and yet, many firms still add circa £500 to their fees for facilitating this meeting, including , in my case, "room hire" for a virtual meet !!
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

moocow

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Post by moocow » Wed Dec 12, 2018 11:00 am
Lisa Thomas wrote:
That is outrageous behavior from an IP who is supposed to be impartial and professional and is duty bound to act in accordance with an ethical code.

You could consider asking a complaint.

You will get to meet the debtor and the IP and put your questions to him at a physical meeting so i think this is a good idea in the circumstances.

Perhaps the threat of your rejection of the IVA and his potential Bankruptcy might convince him to come up with more evidence. The IP has to ensure she believes the debtor's proposals are accurate and truthful so she shouldn't recommend anything that seems otherwise.
Fingers crossed. If the debtor/IP cannot prove the other debts, I will be more easily be more than 25% and I will reject the IVA.

I still wonder how someone can sign the IVA and say it is honest and true but forget about their new house which they have lived in for a number of years, the new girlfriend and the kid who is about 6 years old.

I've been advised to write to the organisation who gave me the interim charging order and give them full details of what has gone on and what is going on so they know the debtor is making it up as he goes along.

Lisa Thomas

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Post by Lisa Thomas » Wed Dec 12, 2018 4:17 pm
I would recommend you instruct your Solicitors to try and fight the interim order and see if you get get a final one.

I can recommend a good insolvency Solicitor.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk

moocow

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Joined: Sun Dec 09, 2018 2:03 pm

Post by moocow » Mon Dec 24, 2018 9:35 pm
One last quick question - I know I am pulling at straws but it's a lot of money I am going to lose out on and I completely believe the debtor has a lot more assets than he says he has.

He has based the figures in the IVA on him living with wife number 1 where he has 2 kids. If he is now living with wife number 2 (or girlfriend) but has based the calculations on living with wife number 1 (he has used the old address), would that null out the whole IVA?

I've written out a whole list of questions and queries for the creditors meeting but it's on a day when I don't think any of the other creditors are going to turn up. No harm in giving it my best shot though I guess. My friend who is a barrister is also coming with me.

I've also written to the judge to explain exactly what went on, so hopefully this will be taken into consideration also.

Finally, I spoke to the insolvency service and they have given me details of various acts and sections if the IP or the debtor cannot prove the debts he says he has. The IP has already told me he has taken everything at face value and some of the debts he has no paperwork for as they were all cash in hand arrangements. That paired with the fact the IP wanted the online meeting to take place within a few days of the paperwork being sent out makes me think something fishy is going on - or is this normal practice?

Thanks to everyone for their tips and advice. Lisa - I will be in touch if I win.

Have a fantastic Xmas to those who celebrate it. Happy Holidays to everyone else.

Foggy

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Post by Foggy » Mon Dec 24, 2018 9:47 pm
I doubt other creditors will attend as most, if not all, will be expecting the usual "virtual" meeting and will vote by phone or fax. Regarding holding the meeting withi days of issuing the paperwork -- no, this is not usual practice -- they have to give a minimum of 14 days and maximum of 28 days notice of the meeting to allow creditors to consider the proposal.
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
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