Mis-sold an IVA

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K.rt
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by K.rt » Fri Mar 11, 2011 12:50 pm
Can I ask my IP for csa to be removed from my IVA, if so, would this reduce my monthly payments and could I claim back what i've paid already to csa through my IVA? Sorry for all the questions but I need to get this sorted out.

 

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kallis3
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by kallis3 » Fri Mar 11, 2011 12:53 pm
I'm not sure about that at all - hopefully one of the experts can help out.

A bit beyond me but we'll keep it bumped up.

 

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Lee.tr
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by Lee.tr » Fri Mar 11, 2011 8:48 pm
K.rt i feel for you, did your IP not give you enough info regarding your debts? Before they had the approval of you IVA surely this debt would have been queried?

 

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MelanieGiles
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by MelanieGiles » Fri Mar 11, 2011 10:55 pm
If the debt was incorrectly included into the IVA by your IP, then it may be possible to get it removed but I don't see you getting money refunded.

Just to remind all posters that the IVA proposal is, and always will be, the responsibility of the applicant to get right. An IP should merely receive a copy of the debtor's pre-prepared proposal and comment as to whether it is viable and whether a meeting should be called. It is not our responsibility to audit the statement - although most of us carry out a vigourous investigation prior to putting our names to something.

You will then need to enter into a separate arrangement with the CSA to repay the monies, and if this affects your ability to pay into the IVA you should ask your IP to adjust the payments.

 

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K.rt
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by K.rt » Sun Mar 13, 2011 1:08 pm
Thank you all for you replies, my IP told me that my CSA was and could be included in my IVA, The CSA were invited to the initial meeting but failed to show. My IP then waited a week or so for CSA to respond to them, which they never did. It was 4 months later when CSA contacted me to tell me that they had recieved some correspondance from my IVA company and that my CSA cannot be included into my IVA, I have spoken with my IP about this and they are adament that it can!! Since then for over a year now, I have been making payments which include £10k CSA. I will ask my IP to remove my CSA from my IVA and see what they say!!! thank you all x

 

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kallis3
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by kallis3 » Sun Mar 13, 2011 1:21 pm
Let us know how you get on - it will be very useful for future posters in the same position. I hope it all sorts itself out soon.

 

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RHB
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by RHB » Sun Mar 13, 2011 6:38 pm
I would definitely get my MP involved if I were you as well.

 

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kallis3
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by kallis3 » Sun Mar 13, 2011 6:42 pm
Why would you get your MP involved?

 

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Foggy
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by Foggy » Sun Mar 13, 2011 6:45 pm
Just, I imagine, that CSA are more likely to jump and respond to an "MP Enquiry" as to the reasoning behind the difference of opinion as to whether the CSA can or cannot be included in an IVA

 

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kallis3
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by kallis3 » Sun Mar 13, 2011 6:54 pm
Whilst I would like to think so, I doubt it will happen. We have tried to get our local MP involved in various things and he didn't want to know!

 

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MelanieGiles
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by MelanieGiles » Mon Mar 14, 2011 12:29 am
Some MPs are better than others - and with consumer debt being high on most politician's agendas at the moment, this could be a good case to run, especially as it is a government department making the claim.

 

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kallis3
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by kallis3 » Mon Mar 14, 2011 9:02 am
Be interesting to see if they would take it up.

 

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RHB
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by RHB » Mon Mar 14, 2011 2:00 pm
My ex local MP was great for sorting this sort of thing out!!!
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