IVA Mistake

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robbie1

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Post by robbie1 » Wed Jul 28, 2010 5:34 pm
Hi,

I have been paying our IVA (on time) for the past 12 months with no problems until today when out of the blue had a guy turn up on the doorstep with a court summons which advised me that my IVA had failed due to lack of payments over the past four months - how can our IP make such a serious error & do I have grounds to make a formal complaint as this in my opion is really wrong!!!
 
 

robbie1

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Post by robbie1 » Wed Jul 28, 2010 6:00 pm
Thank you for the response as I am really concerned by this. The guy who turned up was representing the IP - she had instructed the courts that they (TENON) had not received the funds four four months. I have had no correspondence from them advising I am in arrears - nothing in fact I have never spoken to the IP since starting the IVA out a year ago
 
 

Dougie

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Post by Dougie » Wed Jul 28, 2010 6:28 pm
This does not stack up at all, any IP worth their salt would not let it fail without attempting to sort it. I'd smell a rat personally, were they a reputable firm?
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Tina Shortland

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Post by Tina Shortland » Wed Jul 28, 2010 7:14 pm
This sounds awful Robbie. As the others suggest, check with your bank the payments have been made and not returned, speak with your IP as a matter of urgency to find out what has happened - to go from paying regularly to having someone turn up on your doorstep to say its failed is not aceptable.

If you get no joy from the company find out who their regulating body is (Insolvency Practitioners Association etc) and contact them.

Please keep us informed of how things progress and we hope you manage to get this resolved asap.

Regards,
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clareyfarey

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Post by clareyfarey » Wed Jul 28, 2010 7:25 pm
I would definitely be straight on the phone to them! What a horrible position to be in.

Who are you with? Maybe one of the experts could take up your case and help you out, if it's one of our regular posters

Cx
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kallis3

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Post by kallis3 » Wed Jul 28, 2010 7:28 pm
You need to speak to your IP asap as something seems to have gone wrong somewhere along the line.

Try contacting your IP direct via this link:

http://www.insolvency-service.co.uk/newipsearch.htm
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Shining

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Post by Shining » Wed Jul 28, 2010 8:34 pm
How distressing for you, if you've proof your payments have gone make sure you keep it and I'm not sure what else to suggest but one of our professionals may have a suggestion.
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Sinking Fast

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Post by Sinking Fast » Wed Jul 28, 2010 8:49 pm
This absolutely stinks, and does not sound right!!

I'm sure Melanie or one of the other professional posters will be along soon to add comment.

One things for sure, I would be looking for blood if our IP failed our IVA under the circumstances you have described. How very unprofessional of your IVA company in failing to communicate something so serious.

Gd luck, and let us all know the outcome.
 
 

Lisa2009

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Post by Lisa2009 » Wed Jul 28, 2010 8:58 pm
I have never actually heard of an IP sending someone to a persons door to fail an IVA.
I can only advise what others have and thats to check with the bank and also your IVA company and see what both have to say.
Something doesnt sound quite right.
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Adam Davies

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Post by Adam Davies » Wed Jul 28, 2010 9:08 pm
Hi
This sounds as if Tenon are trying it on.
Your IVA would not have failed without you knowing about it.
Speak with your IP in the morning, my money is on Tenon acting outside of the IVA, a serious breach of the legality of an IVA
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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jul 29, 2010 12:12 am
This sounds like a very unfortunate error to me - and one which should not have happened, but before we all start making assumptions, you need to find out why and how this has happened - and when you call them do not accept discussing this with anyone but your IP personally. At least you need to have a bit apology - probably followed up with a huge bouquet of flowers.
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MelanieGiles

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Post by MelanieGiles » Thu Jul 29, 2010 12:14 am
Oops sorry - Robbie, now there I go making assumptions! I wrongly assumed you were of the female kind! Oh what the heck, my hubbie likes flowers too!!
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robbie1

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Post by robbie1 » Sat Jul 31, 2010 1:19 pm
Hey all,

Thank you all so much for your support - and yes Melanie I would love a bunch of flowers from my IP!

Ok so following on from my last post. I have phoned my IP (again she was not available) but I spoke to her assistant and have emailed over all the copies of my bank statements as proof of my payments. They are now conducting an "internal" investigation and have promised to get back to me next week.

I still feel extremely cross at how such an error could off occured and will certainly be looking for a full explaination - I just can't believe that this has happened and feel that my IP has really let me down and makes me question what exactly I am paying her for!
 
 

plasticdaft

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Post by plasticdaft » Sat Jul 31, 2010 4:51 pm
Again shows mistakes do happen,but surely if they thought you hadnt made payments why didnt they just phone you up and query it??

Keep us informed as to whats happening please.

Paul

(especially interested as I use tenon)
Discharged today the 8th feb 2012. View is much brighter now.
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kallis3

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Post by kallis3 » Sun Aug 01, 2010 12:47 pm
Fingers crossed that this gets sorted this week.
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The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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