Knightsbridge failed my son's IVA

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alison220
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by alison220 » Tue Aug 01, 2017 4:51 am
My son has been in an IVA with Knightsbridge for the past 3 years. He arranged a payment break with them because he was out of work. Knightsbridge have never been good with keeping him informed and say they have sent emails/letters out when I dont believe they have. They are now saying his IVA has failed because he is £700 in arrears. They insist they have sent emails and letters out to him but he has NOT received any of it. They want him to start another IVA for 5 years. He is so depressed right now. If he had received any communication from them he would have called them as he obviously did not want the IVA to fail.
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kallis3
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by kallis3 » Tue Aug 01, 2017 6:55 am
Hi,

Firstly, speak to supervisor rather than call handler and ask for copies of all emails etc which they claim to have sent. You can also make a complaint if you feel he has been treated unfairly.. I certainly would not use them again and I think it's s bit of a cheek suggesting it!
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Michael Peoples
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by Michael Peoples » Tue Aug 01, 2017 7:59 am
It is unusual for an IVA to be failed when someone loses their job. A payment break is pretty automatic for 6 months and after this time creditors will normally allow closure of the IVA if the debtor has not found work. Check that your son is off the register as perhaps his IVA could be salvaged and certainly ask for a full file review with the IP.
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Foggy
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by Foggy » Tue Aug 01, 2017 8:07 am
How long was the arranged payment break and did your som exceed this period ? Do you have the agreement to the break in writing ?

As mentioned above, speak to the IP direct and ask for copies of the alleged communications from them, along with proof of postage and proof of receipt (if they have it).

Also have a read here to prepare a complaint to their regulators if need be:

https://www.gov.uk/complain-about-insol ... actitioner
redboxtree
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by redboxtree » Tue Aug 01, 2017 8:12 am
Agree with Kallis that if it has failed then use someone else - it is the only legitimate way to change providers (other than when they sell you on).

Ask for copies of all documentation - if they resist make it a formal subject access request for which a £10 fee may be charged and they will have 40 calendar days in which to provide the information.

From 250518 next year this process will be free and organisations will have 1 calendar month to release the information and will apply to all organisations that hold or process information as you as an individual.
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alison220
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by alison220 » Tue Aug 01, 2017 8:37 am
Thank you all for your replies. My son has asked for copies of the documentation we will wait to see if he receives them. Will keep you up to date with the situation.
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alison220
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by alison220 » Tue Aug 01, 2017 9:04 am
I have checked the register and my son is still listed on there and the status says current - is that good,??
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alison220
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by alison220 » Tue Aug 01, 2017 9:14 am
Hi guys sorry but I keep remembering things. I am assuming that the IVA "failed" a while ago. If this is the case why are Knightsbridge still taking my sons monthly payments??
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Foggy
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by Foggy » Tue Aug 01, 2017 9:19 am
If it shows as "current" it has not yet officially failed -- have you had a Notice of Termination (Failure), or just a letter threatening it ?
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Lisa Thomas
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by Lisa Thomas » Tue Aug 01, 2017 9:25 am
The first thing to get confirmation on is whether it has actually been failed or whether there is the opportunity to fix it before it is terminated.

Put the requests to Knightsbridge in writing by registered post so there can be no argument they haven't received it.
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alison220
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by alison220 » Tue Aug 01, 2017 9:40 am
Hi guys my son has received absolutely no communication. They say they have sent letters etc but we haven't received them first he knew about it was when he received a letter from one of the creditors. What do you think about Knightsbridge still taking his monthly payments? We will send a letter as you suggested.
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Michael Peoples
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by Michael Peoples » Tue Aug 01, 2017 10:06 am
I suggest your son contacts his IP directly as this usually helps. If there is any chance of saving the existing IVA it would be better than a totally new one and the fact that the IVA is still showing as current means there is a very good chance that it has not been terminated.
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