When can an IVA fail?

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JustPlainStupid

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Post by JustPlainStupid » Wed Jan 27, 2021 9:09 pm
I'm supposed to be getting a call from FWG tomorrow about closing my IVA. I have posted about this and had a couple of good answers but I want to check something before I speak to them so a quick recap:

IVA started in September 2015
August (ish) 2020, my ex bought me out of the marital home
I asked FWG how much I owed and paid them to bring me to 100p in the £ including all the extras
Shortly after this, HMRC put in a claim for penalties from about 2010 to about 2013 for not filing my tax returns and FWG told me that there was a problem closing my IVA due to an outstanding debt (obviously not known about when I paid the balance)
HMRC won't let me talk to the team that handle insolvency stuff but they do agree that the amount they've claimed isn't right
FWG don't have a clue what to do

So, given that I paid what I was asked for, including an amount provided by FWG, I'm not feeling inclined to waste my time on this too much. Aren't the thousands in fees that I've paid for THEM to do the hard yards?

Could they still fail the IVA even though I've paid 100%?

Given that the debt to HMRC* should have been covered by the IVA, can I just walk away and tell them to do one?

*My marriage broke down in early 2012 - February? I went a bit loopy and as far as I'm concerned, that's when I stopped trading with my business. I suspect anything from HMRC either went to my accountant and was never forwarded to me, or went to my ex. Either way, I would swear that I didn't know about these debts and HMRC have never contacted me in the intervening years.

JustPlainStupid

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Post by JustPlainStupid » Thu Jan 28, 2021 2:49 pm
Just spoken to Freeman Jones/FWG/whatever

I have a better understanding of the process now but I'm no further forward.

The lady I spoke to was very helpful and seemed much more knowledgable than others I've spoken to.

So, apart from HMRC being contacted yearly, they would/should also have been contacted when I asked for the 100p calculation.

I cleared that on 17/8/2020 in good faith based on what FWG told me.

HMRC registered this debt on 15/9/2020 - almost a month later. Apparently, their creditor liaison team should have been much more rigorous when they didn't receive a response when I asked for the 100p calculation but it doesn't appear that this was done.

The lady I spoke to said that there was a note on my file today saying that it is the client's responsibility to dispute this with HMRC. She is now passing back to the creditor liaison team to see if they can shed any more light on it.
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