Hi, I have not signed my chair report although I did say I would like to go ahead with the IVA in March. There are several factirs which gave caused me to reconsider.
1: my creditors were uniformed of the IVA upto 3 months after the chair report was issued
2: the IP still have not changed the address on my account after 7 months and repeated requests so I am un willing to sign the document
3: As my creditors have continued to take payments since the Chair Report was issued I have refused to make payments for the IVA
4: I have been told it is my responsibility to make the creditors stop taking payments, but the creditors are not recognising the IVA.
5.: I have requested in writing and on the telephone that I will not make payments until the incorrect details on the chair report are adjusted (address and total amount of debt).
I have been told in writing via email that I am in breach of the IVA because I have not signed the chair report, or made payments. Is this true?
Am I legally bound by the conditions of the IVA if I have not signed and returned the chair report, which is effectively an incorrect document?
My quesion is,
If you have had a creditors meeting and it was accepted then you do need to sign the report and make payments.
The creditors would have known about it otherwise it would not have gone ahead. It is down to your IP to stop creditors from pestering you and you should not make any payments outside your IVA. Unless you have DD with them they should not be able to take money.
Did you change your bank account?
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
Everything hinges on whether the IVA has actually been put in place --- your refusal to sign could be seen as a refusal, on your part, to formally accept the IVA. If this is the case then creditors will keep taking payments as there is no IVA to stop them. However, this is muddied by the fact that the IP says there is an IVA to be in breach of.
If the IVA has, indeed, been put in place, as I suspect it has on your verbal agreement then yes, you are in breach by refusing to sign and by refusing to make payments.
You can stop creditors taking payments by cancelling the payment authorities with your bank and changing bank accounts.
Paperwork often takes months to get through the various systems at the best of times --- this has been going on through a world wide pandemic and a country wide lock down, so delays in communication are to be expected.
Yes, you are legally bound by the IVA, if, as I say , it has been put in place on your verbal agreement. Strike through the incorrect address and write in the correct one, initialling the amendment.
If this breach is not rectified the IVA will fail.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014 http://foggy.blogs.iva.co.uk