IVA problem

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steveco

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Post by steveco » Sun May 02, 2010 2:09 pm
Hi, My wife and I took out an IVA a few years ago but we unfortunately we are now divorced. I carried on paying the full amount for a few months until we both agreed to approach our IVA company to get to separate payment plans, this was all sorted out and I continued to pay my monthly payments. After about 6 months I received a letter from the IVA company telling me my IVA had failed, on contacting them I was informed that they hadn't been receiving full payment, it turned out that my ex-wife hadn't been making her payments. I was extremely annoyed that the company hadn't informed of there being a problem until it was to late but was told they me they couldn't tell me as it was my ex-wifes payments even though it was a joint IVA. I asked what I could do to resolve the matter and was told the only way was to make full payments, as this was not financially possible for me to do I asked for an alternative, they then promised to contact me with other options. After not receiving a reply after a few weeks I contacted them again only to find that they knew nothing about contacting me and to top it they had lost all my new contact information. I asked them to send me a list of what I owed from the IVA so I could them look at maybe starting a payment plan, again I was told someone will contact you. Again no one called so I had to call back again, once again they had lost my details and promised to send the information to me in the post. A few days later I received a letter but all it showed was the totals of the joint IVA so it was no use. Phoned them again and this time managed to get the amount that I alone owed which was about £7500, so asked for a payment plan to be set up and a letter sent detailing the amount that I owed. Yep you've guessed no letter and no phone call, this had now been going on for about 3 months and I was starting to get worried, contacted them again only to find out that they had my old details on their system and had lost my new contact details, was once again promised a phone call but this again didn't happen. By this time it was near Xmas and I decided to leave till the new year.
A New Year and a new baby daughter born in Feb so I lost track of time. A few weeks ago I was finally contacted by my IVA company to inform me that I was going to receive my certificate of termination, and once again they had got my contact details completely wrong, I asked for help with a payment plan but as of yet no one has contacted me.
After re-examining my finances both my new partner and myself are just managing to pay the bills, I don't have any spare money to pay people and I'm now starting to lose sleep over the worry, it's caused tension between me and my new partner and I just don't know which way to turn.
I'm hoping someone here may be able to help or advise me.
Sorry its all a bit long winded but I wanted to try and put up as much info as I could
 
 

Shining

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Post by Shining » Sun May 02, 2010 3:17 pm
Hi and welcome to the forum. Which firm did you have your IVA with? I wonder if they post on forum and can maybe help.

Do you have any assets that will be affected by bankruptcy? x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

steveco

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Post by steveco » Sun May 02, 2010 3:22 pm
It was Debt Free Direct.

The only asset I really have is my car which I need for work
 
 

Shining

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Post by Shining » Sun May 02, 2010 3:24 pm
I know that Declan from DFD posts on forum but he's on holiday next week but his colleague will be looking in on the forum so will hopefully pick up on this for you.

Bankruptcy could be an option to draw a line under the debt? x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

steveco

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Post by steveco » Sun May 02, 2010 4:15 pm
I forgot to say thanks for replying :)
 
 

Julie

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Post by Julie » Sun May 02, 2010 4:19 pm
Hi Steve,

Did you tell your IP when you and your wife split up? I'm sure there's a way you could have continued to repay your debts.

As Lesley says Declan or his colleague will pick up on this and hopefully find a solution. If you do have to go BR, would your job be affected?
 
 

steveco

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Post by steveco » Sun May 02, 2010 4:39 pm
Hi Julie,

Yes I did inform them when we split up and they set up individual payments for both of us, I was paying mine but my ex-wife didn't hence why it failed.

Im not sure how bankruptcy would affect my job.
 
 

Julie

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Post by Julie » Sun May 02, 2010 4:42 pm
Its a shame they didn't deal with the payments better for you Steve.

Most jobs are not affected by BR, normally if you work in finance for example, you would have to inform your employer.

My hubby's IVA failed and he went BR. It wasn't what we wanted, but it wasn't the end of the world either.

Please don't let this affect your relationship, there will be a solution.
 
 

Shining

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Post by Shining » Sun May 02, 2010 5:19 pm
I hope it goes well for you and we'll keep this bumped up for you x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Lisa2009

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Post by Lisa2009 » Sun May 02, 2010 9:46 pm
DFD is one of the largest IVA providers so getting to speak to your actual IP is almost impossible.

http://www.insolvency.gov.uk/

Click on the link and on that page under the heading "find and IP" you should be able to find an email address for your IP.
It may be worth emailing to see if you get to speak to your IP or at least somebody that will know the right answers to give you.

Good luck, i hope you get this sorted.
http://mrsskint.blogs.iva.co.uk/ 'Our Story'


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MelanieGiles

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Post by MelanieGiles » Sun May 02, 2010 11:40 pm
I don't know why that should be the case - why shouldn't those IPs interact with the clients who contribute to paying their salaries? This sounds like pretty poor client service, but let Declan try and sort something out for you as it does look as if you have done your best.
Regards, Melanie Giles, Insolvency Practitioner
 
 

steveco

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Post by steveco » Tue May 04, 2010 9:13 am
Thanks everyone for your replies, its good to know that there are people out there willing to help.
 
 

Julie

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Post by Julie » Tue May 04, 2010 8:46 pm
hope DFD help you out xx
 
 

Daveyboi

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Post by Daveyboi » Tue May 04, 2010 9:46 pm
Hey Steve

On the basis that I am taking what you say as all correct then I would personally complain to the authorising body who provides DFD with their license. They are not responding to your correspondence from what you say and have a lot to answer to. Call them up and speak to the IP direct advise him you are extremely dissatisfied with the service you have received and ask for the options you have available to you.

As far as I am aware if the IVA does fail which would obviously be a bad thing, you still can propose a new IVA in your name only which will obviously be under your control and not your wifes. I am limited with my understanding of your rights and some of the professionals may be able to advise further but I have been told under a section there is a right to take your iva to court to review your circumstances and they have the right to overtime the IP and Creditors decision should it be warranted. This is what I have been told when I had a problem recently. It is a drastic measure but if your having all the problems you are having it may be your only choice.

In the first instance I would approach your IP ask to speak to them personally express your concerns and see if there is a way out for yourself without having to start again because of your wifes non committal to the IVA.

Best of luck with your actions and please let us know the outcome

Kind regards

Dave
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MelanieGiles

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Post by MelanieGiles » Tue May 04, 2010 10:12 pm
First of all, a complaint to the IPs regulatory body needs to be of a sufficiently serious nature to be taken seriously. Although I think it is poor that your correspondence and calls have not been attended to, you should ask about their own internal complaints procedure as a first port of call. Any complaint to a regulator has far more weight if the IP concerned has not attended to its own complaints policy.

Secondly, an application to Court would need to be funded by you and could be very expensive - you may also need to cover your IPs fees as well. Such applications are therefore very rare and again should only be made if you are able to cover the costs and are deemed to have good grounds for the complaint - albeit I do think that District Judges would err on the side of the debtor rather than the IP - especially if you are able to demonstrate a deliberate ignoring of your attempts to contact.

Declan has an excellent reputation for resolving DFD complaints via this forum - please give this firm the chance to put things right before becoming too heavy handed, which may actually get you nowhere.
Regards, Melanie Giles, Insolvency Practitioner
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