Mis-sold an IVA

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K.rt

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Post 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.
 
 

kallis3

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Post 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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Post 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?
 
 

MelanieGiles

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Post 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.
Regards, Melanie Giles, Insolvency Practitioner
 
 

K.rt

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Post 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
 
 

kallis3

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Post 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.
Sharing from experiences of dealing with debt
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.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

RHB

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

kallis3

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Post by kallis3 » Sun Mar 13, 2011 6:42 pm
Why would you get your MP involved?
Sharing from experiences of dealing with debt
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.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Foggy

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Post 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
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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kallis3

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Post 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!
Sharing from experiences of dealing with debt
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.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

MelanieGiles

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Post 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.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

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Post by kallis3 » Mon Mar 14, 2011 9:02 am
Be interesting to see if they would take it up.
Sharing from experiences of dealing with debt
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.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

RHB

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Post 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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