Not signed final proposal but still added to register & told IVA breached by us

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julie626
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by julie626 » Sun Apr 22, 2018 6:39 am
Hello
I wonder if you could help me please.
My partner signed the proposal to an IVA in November last year and made 2 payment like he was told to by the company - the creditors meeting went ahead and came up with 13 modifications that my partner wasn't happy with so he didn't sign the final paper work that came through the post to finalise the IVA and told the company he wasn't going to do it any more and the reasons why and he was told that he would be removed from the register within 3 months.
I don't understand how they put him on the register by just signing the proposal and refusing to sign the after meeting final paperwork.
Today, he received a letter from the company saying he had breached the IVA and that all creditors will be notified etc.
We are both so stressed over this as we don't know where we stand .
Any help and advice will be hugely appreciated.
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luluj
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by luluj » Sun Apr 22, 2018 8:06 am
Does he have the evidence of not proceeding in writing following the suggested modifications ??

If he does then he needs to send this in and really argue the point around the said conversation etc - if he did not sign off the chairman report with modifications then in my opinion the iva is not valid.
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Foggy
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by Foggy » Sun Apr 22, 2018 8:07 am
In the normal course of events the modifications should have been discussed on the day of the initial meeting and he would have been asked to give verbal agreement at least. In my case I had to electronically sign an email on the day!

The fact that he made two payments could be construed as agreement to the IVA going ahead, as modified. But this is thin ice.

I would remind the IP of the previous agreement to annul the IVA (not breach or cancel -- but annul) and politely suggest he do so.
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julie626
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by julie626 » Sun Apr 22, 2018 8:59 am
Many thanks for your replies. No there's nothing in writing to say he didn't agree with the modifications and yes he did agree verbally on the phone to 2 more.
However,when the final paper work came through after the meeting there was 13 modifications which he had not been told about and didnt agree with hence he refused to sign the paperwork and rang the company involved to tell them that he didn't agree and wasn't informed of the extra 10 modifications and told them he didn't want to proceed.
We still have the final paperwork here unsigned.
His name is still on the IVA register which I feel is not right yet the termination letter he received yesterday says he's breached it by not paying the payments,apart from the first 2 (which is because be didn't want to go ahead with it as we felt the company had lied with the extra 10 modifications and he informed them by phone he didn't want to go ahead with it )
The company said they would cancel the IVA but failed to and went ahead with it anyway. We have this form if it stands for anything? Thank you so much for your help :) I will post a pic of the form he refused to sign underneath.
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julie626
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by julie626 » Sun Apr 22, 2018 9:17 am
Sorry, I can't figure out how to do the photo but a paragraph in the letter regarding the meeting with creditors states " I will send you a letter confirming these changes which you must sign and return to confirm your agreement to the changes ".
My partner did not sign and send back but rang them.
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Foggy
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by Foggy » Sun Apr 22, 2018 2:48 pm
julie626 wrote:
Sorry, I can't figure out how to do the photo but a paragraph in the letter regarding the meeting with creditors states " I will send you a letter confirming these changes which you must sign and return to confirm your agreement to the changes ".
My partner did not sign and send back but rang them.


Ask them for a transcript of the telephone conversation. Out of interest .. what were the modifications ?
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Lisa Thomas
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by Lisa Thomas » Mon Apr 23, 2018 8:44 am
It sounds to me given the letter about the 'breach' that the IP has treated the IVA as being in place, and now being in breach and failing, hence why the details will have gone to the Insolvency register.

I think he needs t argue he did not agree to the modifications and therefore the IVA was not in fact approved and they need to unravel everything they have purportedly done wrong as regards stating the IVA was approved and put in place.
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