Misleading information

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rachel101
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by rachel101 » Tue Dec 19, 2017 5:56 am
hi just a question please , I recently had a firm whom sent a letter help with debts ccj etc , i telephone as business got heavy recently with payments suppliers hmrc etc, I was advised to do a intrim court order as soon as possible , (the firm is partnership me and my father) which i did took to courts etc , hmrc visted and siad the intrim was only in my name personnely so they can still take my father and the firm , I telephoned the firm whom stuttered and said oh what should have happened but didnt explain and went onto say get my father a intrim order in place. this has been going on since 22/9/17 , since then back and forward to court , since then had another person form the firm requesting statements assests list and said a proposal will be put in place and a meeting for the voting. the meeting was 30/11/17 which hmrc rejected , I contacted the business bank as account frozen whom had a meeting with one of the advisers and said a partnership should have been place and now since hmrc have control goods act , i have now had to shut doors. The firm i paid £650.00 for what spend money could ill afford time to courts last week they phone said I need to pay a firm to get assets valued and they will rearrange another meeting to try reason with hmrc but all this time telling me keep positive they will sort but never a definitely 100% the iva will be accepted , how many people are suffering from being giviing the wrong information , yes Im in the wrong allowing my debts to be up and boy do i punishment myself but i wish i hadnt listened to them as in worse situation now, not their doing but misleading information and costs to me, i just wondered are they right
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kallis3
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by kallis3 » Tue Dec 19, 2017 7:40 am
Hi,

No-one should charge you for setting up an IVA, costs are normally agreed with creditors when you get your IVA and are met out of your monthly payments.

I strongly suggest that you speak to one or two firms for better advice. If you look around on this forum you will see which firms people are with.
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Foggy
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by Foggy » Tue Dec 19, 2017 7:46 am
This doesn't sound right at all, but, of course, we do not have the full picture. I would suggest, as Kallis says, having a chat with a couple of firms, who do not usually charge fees for work done prior to the IVA being accepted. Your father should also look at this too. I would suggest a firm that has experience of dealing with the self employed and with HMRC.
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Lisa Thomas
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by Lisa Thomas » Tue Dec 19, 2017 11:40 am
It's hard to know based on the limited information we have but the documents and advise from your chosen IP should have explained that you would have needed 75% in value of creditors voting to get the IVA approved and whilst they do their best to ensure the IVA is attractive before putting it to creditors (see the Nominee report) there is never a guarantee creditors are going to accept it.
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kallis3
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by kallis3 » Tue Dec 19, 2017 12:05 pm
I think the main problem is the upfront fee, which I imagine will be charged again if another IVA is attempted with this company.
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Lisa Thomas
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by Lisa Thomas » Tue Dec 19, 2017 2:56 pm
An interim order through the Court cost more than £650.

Was this payment to cover the court and legal costs of the interim order application/hearing or payment on account of the IP/Nominee fees?
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kallis3
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by kallis3 » Tue Dec 19, 2017 3:13 pm
I wonder if the order was granted? Will the OP have to pay more? We could do with more information.
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rachel101
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by rachel101 » Tue Dec 19, 2017 4:32 pm
Thank you have done do much appreciated

kallis3 wrote:
Hi,

No-one should charge you for setting up an IVA, costs are normally agreed with creditors when you get your IVA and are met out of your monthly payments.

I strongly suggest that you speak to one or two firms for better advice. If you look around on this forum you will see which firms people are with.
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rachel101
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by rachel101 » Tue Dec 19, 2017 4:37 pm
thank you all for advice , the firm should have taken a partnership pva , but they put it in a iva knowing it was partnership , thinking they are the ones who are experts , ive wasted costs time and stressed for another 3 months unnessarily as back to square one but since have got on the ball with my banks firm who deals with it but I didnt know they did at the time .... usually im more alert but when stressed and at the end of dark tunnel listen to anyone .

thank you all happy christmas :D
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kallis3
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by kallis3 » Tue Dec 19, 2017 4:44 pm
I hope you get this sorted out.

As a matter of interest - which firm was it who wrote to you?
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rachel101
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by rachel101 » Wed Dec 20, 2017 8:50 am
Thank you I meant to put firm Anderson brookes ltd in bolton

kallis3 wrote:
I hope you get this sorted out.

As a matter of interest - which firm was it who wrote to you?
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kallis3
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by kallis3 » Wed Dec 20, 2017 9:55 am
It appears their website is 'under construction' which doesn't bode well.
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rachel101
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by rachel101 » Wed Dec 20, 2017 11:54 am
That website has only just appeared as when i contacted them in sept 17
i could only find them under the companie house
ANDERSON BROOKES LTD
kallis3 wrote:
It appears their website is 'under construction' which doesn't bode well.
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kallis3
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by kallis3 » Wed Dec 20, 2017 3:27 pm
Same here!
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rachel101
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by rachel101 » Thu Dec 21, 2017 8:57 am
Im annoyed now as they just ignoring it , i tempted to make a complaint to the insolvency as they shouldnt be allowed to be misleading and mistreating people

thankyou again

hope have great christmas


kallis3 wrote:
Same here!
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