Completed IVA but problems

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xxxxx62
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by xxxxx62 » Mon Jan 18, 2010 1:32 pm
Hi, i have just completed an IVA after 5 years succussfully, only to now find out that my iva company missed 2 accounts off. On my 1st order these accounts were on but now on completion statement they are not, and my iva company have admitted in missing these off, can u give me some advice, as i thought that after 5 years that would be it, now im being chased by these 2 company to clear the balance.

Thank you

 

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Michael Peoples
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by Michael Peoples » Mon Jan 18, 2010 2:06 pm
Hi xxxxx62 and welcome to the Forum.
If these accounts were listed in the IVA they are bound by that IVA. If they were not paid it is most likely a mistake by the IP firm and you should speak directly with your IP to see what is to be done. It is possible that these accounts were merged and there is a clerical error to blame but your own IP should clear this up.

 

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xxxxx62
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by xxxxx62 » Mon Jan 18, 2010 2:32 pm
Hi Michael, thanks for replying to my query. I have been in touch with payplan, but they "ADVISED" me to play it out, stating that this debt is no longer mine, and to keep passing the buck from one company to another, i really thought that after 5 years - which wasnt easy everything was complete, payplan wont help me whatsoever, where do i stand, can i take This matter further ie go directly to the courts myself or seek legal advice, im at a stand still, as to think 5 years and there mistake was to miss 2 account off my iva both with barclays)... again any advice much welcome.

 

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Michael Peoples
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by Michael Peoples » Mon Jan 18, 2010 2:44 pm
It is an issue for Payplan and Barclays to sort and not your responsibility at all. Contact Payplan and ask them for a copy of their grievance procedures and if Barclays get in touch tell them to sort it out with Payplan.

You are fully protected from your creditors and advise Payplan that unless this matter is resolved quickly you will seek advice from a specialist insolvency lawyer and billing them for the costs. In addition if the grievance is not resolved you do have the option of complaining to the regulators although I think it would be hasty at this time. Contact the IP directly who acted for you as they may not be aware of the situation.
Last edited by Michael Peoples on Mon Jan 18, 2010 2:57 pm, edited 1 time in total.

 

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kallis3
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by kallis3 » Mon Jan 18, 2010 2:50 pm
Sorry to hear you are having so many problems, and I hope you manage to get it sorted soon.

If you want to speak to your IP direct as Michael suggests, you can contact him via this link:

http://www.insolvency-service.co.uk/newipsearch.htm

 

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MelanieGiles
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by MelanieGiles » Mon Jan 18, 2010 8:57 pm
What a shoddy way of dealing with things from your own IP's persepective.

The correct and legal answer is to advise you that the creditors ought to have been bound by the terms of the IVA, and therefore you should now pay them the same dividend as the other creditors received - possibly with some small reduction to represent dilution as all creditors would have recieved less if they had been properly included. If your IP has admitted that it is their fault, they ought to do the decent thing and pay up.

 

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xxxxx62
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by xxxxx62 » Thu Jan 21, 2010 10:02 am
thankyou Melanie, ive tried on many occasions to sort this out, but to be honest they wont speak with me now, where do i stand. All help much appreciated.

 

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MelanieGiles
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by MelanieGiles » Thu Jan 21, 2010 7:31 pm
I would refer this to the IP's regulatory body - and if you want to send me an e-mail with their details privately, I can find out which regulator is dealing with this and give you their address.

 

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xxxxx62
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by xxxxx62 » Fri Jan 22, 2010 8:57 am
that would be great, thankyou.
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