ClearDebt sent me letter telling me that my IVA was approved in error

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MonkeyBoyUK
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by MonkeyBoyUK » Tue Aug 29, 2017 10:30 am
I recently contacted ClearDebt regarding the debts that I have and I was assured that they would be able to help. I spoke in detail regarding what was owed and to who and after sending in all the documentation they were able to put a stop to the bailiffs knocking on the door whilst they sorted out an IVA for me. I was informed when the Meeting of Creditors (MOC) was taking place and that all had been agreed and the IVA was now in place. I started to make payments as required until a week ago I recieved a letter telling me that IVA was approved in error and that it should never of been approved and never will as one of the creditors had voted via FAX (which was apparantly broken in the office) so they never recieved the fax in time, but the agent has proof that it was sent. I am now in a situation where I have to go back through all of the creditors and ask them for more time and try to set up payment plans with them all. I feel as though ClearDebt or whoever the are now didnt handle this in the best manner and I am still waiting for my money back that I had paid them for the IVA. Is there really nothing I can do to either get the IVA Approved, because a fax machine had no paper in it, i have suffered with my anxiety, depression and ill health.
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kallis3
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by kallis3 » Tue Aug 29, 2017 10:49 am
Do you have paperwork saying it was approved? Seems odd to me that this has happened. I would certainly complain and, if it wasn't set up, speak to a different company.
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Foggy
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by Foggy » Tue Aug 29, 2017 11:26 am
Although unprofessional, this is a very rare set of circumstances and, I would hope, your IP should be pulling out all the stops to assist. Personally, I would be looking at a complaint, not only through the firms internal complaints process, but also to their regulators, via the Government Gateway, if they do not sort this out. I would also be looking at re-starting the process with another firm.
MonkeyBoyUK
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by MonkeyBoyUK » Tue Aug 29, 2017 12:15 pm
kallis3 wrote:
Do you have paperwork saying it was approved? Seems odd to me that this has happened. I would certainly complain and, if it wasn't set up, speak to a different company.


I do indeed have the paperwork saying it was approved and that i should start making payments to the management company. But then I received a letter from the nominated person to say that it was agreed in error. That was all the detail that i received. After 15 phone calls and consistently being put on hold I was told that it was because on of my creditors had filed an objection via fax but because there was "a technical error" with the fax machine, the objection was not noted on the record until after all the paperwork had been completed. This was after 4 months they finally vit in touch with me.

Even if i complain what good would it do it how could it benefit me and my circumstance?
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kallis3
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by kallis3 » Tue Aug 29, 2017 12:34 pm
You have been treated badly and I would certainly complain. At the very least I would ask for my money back and ask that your record be cleared so you can speak to a better company.
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Michael Peoples
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by Michael Peoples » Tue Aug 29, 2017 12:35 pm
You need to speak with the IP and ask for a copy of their legal advice. If the IVA was approved the creditor who rejected has normally 28 days to lodge an objection and no doubt they will have received a copy of the Chairman's Report after the meeting. This will have clearly shown that the vote was not included and the problem could easily have been resolved there and then. If it has gone on for four months and the creditor has not made an application to court to have the meeting voided, then this may be a valid IVA. IPs can always go back to court for direction if need be so I suggest you speak directly to the IP.
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MerlinL14
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by MerlinL14 » Wed Aug 30, 2017 11:18 am
redboxtree wrote:


I see that as a cop out. The OP has been put through hell as to where they stand financially and how to progress going forward and all the IP gets is a slapped wrist and a paltry fine! The judgement hasn't even mentioned how the situation needs to be addressed by the IP. Flannel.
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Foggy
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by Foggy » Wed Aug 30, 2017 11:58 am
MerlinL14 wrote:
redboxtree wrote:


I see that as a cop out. The OP has been put through hell as to where they stand financially and how to progress going forward and all the IP gets is a slapped wrist and a paltry fine! The judgement hasn't even mentioned how the situation needs to be addressed by the IP. Flannel.



I agree with you Merlin .. although, in some cases the fines are much larger. The debtor gets no relief or compensation and no real resolution. This is something that ought to be addressed by the Insolvency Service as many of those in strife see no point in complaining and as a consquence the IP just carries on as before. This will only become worse when the market is controlled by one or two big, creditor led firms who will make a farce out of the whole system.
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luluj
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by luluj » Wed Aug 30, 2017 1:10 pm
Difficult time and certainly not correct - foggy and other expert advice will hopefully help you to achieve a good outcome on this for you.
Let us know how you go.
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MerlinL14
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by MerlinL14 » Thu Aug 31, 2017 2:03 pm
I sometimes 'grrrr' listening to friends or family when they have these pie in the sky, I want but know damn well I can't afford it attitudes. But bite my tongue because I have been there, I WAS one of them. But my blood boils when I can see that someone is making an effort to get something done, like getting out of spiralling debt or suchlike and they are then kicked in the teeth and left to pick up the pieces. I agree with Foggy, the bigger the companies get and the smaller the playing field, this is always going to be detrimental to the little people and yes they will get stronger against existing regulation, just look at how it happened in the banking sector. I could cry, I really mean cry, knowing the despair the OP is feeling after being on a high about getting a path out of debt.
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