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Template for letter to Insolvency Service

Posted: Mon Sep 09, 2019 1:34 pm
by marcus472
Hi.... I need to write a covering letter to the insolvency service to remove my IVA from the records. It was a cash lump sum IVA in December 2012. Do you have any templates to use? Also a check sheet of everything that needs to be sent with the letter would be very helpful.

Many thanks

Marcus

Re: <t>Template for letter to Insolvency Service</t>

Posted: Mon Sep 09, 2019 1:44 pm
by kallis3
Do you have your completion letter?

Re: <t>Template for letter to Insolvency Service</t>

Posted: Mon Sep 09, 2019 2:07 pm
by marcus472
Hi... Yes I do.

Re: <t>Template for letter to Insolvency Service</t>

Posted: Mon Sep 09, 2019 2:58 pm
by Foggy
First of all -- what records are you asking to be removed from ? The Insolvency Service can only remove it from the Insolvency Register. Have you checked to see if you are still on there and does it show as 'current' or 'completed' ?

If it shows as 'current' they have never been informed of completion by your former IP and you will need to send them a copy of the completion certificate and final report. Yoy can initiate this by using the 'report error'button on the bottom of the results page. You do not need a template.

If you have been removed from the Insolvency Register already and you are looking to get the IVA removed from your credit reference agency files, you can , again, get the ball rolling using the report error tabs on their websites.

Re: <t>Template for letter to Insolvency Service</t>

Posted: Mon Sep 09, 2019 3:25 pm
by marcus472
Apologies.... re read my initial post.

My IVA is still shown as "current" on the IIR. I wrongly assumed that it would drop off automatically once the IVA was completed, but having called the IS they informed me I needed to write a covering letter to them, referencing rule 8.31 Insolvency Rules, which includes letter of completion, report to creditors and receipt of payments (in this case, payment).

Is this normal, or should the IP have completed this?

Re: <t>Template for letter to Insolvency Service</t>

Posted: Mon Sep 09, 2019 3:53 pm
by Foggy
Mon Sep 09, 2019 3:25 pmmarcus472 wrote:
Apologies.... re read my initial post.

My IVA is still shown as "current" on the IIR. I wrongly assumed that it would drop off automatically once the IVA was completed, but having called the IS they informed me I needed to write a covering letter to them, referencing rule 8.31 Insolvency Rules, which includes letter of completion, report to creditors and receipt of payments (in this case, payment).

Is this normal, or should the IP have completed this?
OK -- it has always been the duty of the IP to report completion to the Insolvency Service, but we are seeing an increasing number of instances where this is not being done and the IP advises the debtor to do this. Just another example of mindless cost-cutting or corner cutting by many, especially the larger, insolvency firms!

The final report normally includes an account summarising payments to creditors and should suffice ...none of us, as debtors, get any other form of receipt.

Rule 8.31 actually states that tghis is the resposibility of the IP.

Termination or full implementation of the IVA

8.31.—(1) Not more than 28 days after the full implementation or termination of the IVA the supervisor must deliver a notice that the IVA has been fully implemented or terminated to the debtor and the creditors bound by the IVA.

(2) The notice must state the date the IVA took effect.

(3) The notice must be accompanied by a copy of a report by the supervisor which—

(a)summarises all receipts and payments in relation to the IVA;

(b)explains any departure from the terms of the IVA as approved by the creditors; and

(c)if the IVA has terminated, sets out the reasons why.

(4) The supervisor must within the 28 days mentioned above—

(a)deliver a copy of the notice and report to the Secretary of State; and

(b)if the creditors were invited to consider the proposal following a report under section 256(1)(aa), file a copy of the notice and report with the court.

(5) The supervisor must not vacate office until the notice and report have been delivered to the Secretary of State.


I would be inclined to quote 8.31 at the IP and get him or her to do their job !!

Re: <t>Template for letter to Insolvency Service</t>

Posted: Mon Sep 09, 2019 4:05 pm
by marcus472
Amazing! Thank you......

None of it made sense today after finding out it was still current. The CRA's have removed it already, and I will contact the IP (AGAIN) and tell them to expedite.

Really appreciate your help!!