IVA company are refusing to remove property restriction

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by Gibbsy3711 » Mon Oct 30, 2017 5:52 pm
Foggy wrote:
Even after termination of an IVA the trust created exists unless formally severed. It seems (and I am no expert on this) that assets forming part of the terminated arrangement can still belong to the creditors, So the equity in the house and thinbgs like PPI refunds are still bound by the IVA. I would suggest you seek legal advice on this point.

I contacted former IP Melanie Giles who advised me to contact IP S.Wrigglesworth as she felt that as the iva was terminated the restriction order should not be in place and should be removed. I have contacted creditfix who have advised me that IP do not speak to their clients which is ludicrous given that I believe she is the only one who can help me now, I have contacted a solicitor today who has asked for my original paperwork and a copy of the final summary from IP on breach of the IVA , having read the final report it clearly states on there that there was no property involved , so now I'm in a position where I probably have to pay a solicitor to get this resolved as creditfix keep palming me off with constant "the closures department are unavailable they will call you back" they never have done , I have rang creditfix everyday for last 3 weeks and not once have they returned my calls
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Lisa Thomas
Industry Expert
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by Lisa Thomas » Wed Nov 01, 2017 12:55 pm
There is a big difference between terminated and completed. if your IVA was terminated (i.e. failed) then they might not remove the restriction. The property may still be held on trust for the IVA creditors.
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