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 Hi who can i complain to
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adrianratcliffe
Starting Member



United Kingdom
12 Posts

Posted - 06 March 2010 :  16:04:34  Show Profile  Reply with Quote
Hi who can i complain to about the way I have been treated regarding my IVA that lead to my bankruptcy ?

RHB
Senior Member

1159 Posts

Posted - 07 March 2010 :  08:20:49  Show Profile  Reply with Quote
Isn't it your debts that led to your IVa then bankruptcy? I'm not sure I understand your question?
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gettingoutofdebt
forum expert



2418 Posts

Posted - 07 March 2010 :  09:35:06  Show Profile  Reply with Quote
If you want to complain about your IVA IP then have a look at http://www.insolvency.gov.uk/howtocomplain/complaininssip.htm
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adrianratcliffe
Starting Member



United Kingdom
12 Posts

Posted - 07 March 2010 :  10:46:38  Show Profile  Reply with Quote
Hi,Firstly the original question I was trying to ask was answered by getting out of debt)who obviously did understand the question. My situation or my debt as you so aptly put it was caused by working for myself for over 20 years. I have no regets about money i have borrowed as it was all lent to me legally by banks, loan compainies, equity in my house and credit cards all of which was used in business to purchase buy to let houses and my wifes hairdessers. The IVA circus i entered into lasted approimately 3 years of which i only paid into the IVA for a period of 12 months, I have come on here to seek advice not to be pionted at, my background is in construction and im'e a joiner so please excuse my grammar and spelling or lack of it. The reason i wish to complain about the selling of my IVA and the way in which you are dealt with once you enter an IVA will take longer to explain.
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RHB
Senior Member

1159 Posts

Posted - 07 March 2010 :  13:36:20  Show Profile  Reply with Quote
What is the exact complaint though?
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Housing
Senior Member



United Kingdom
1399 Posts

Posted - 07 March 2010 :  13:47:37  Show Profile  Reply with Quote
Hi

As has already been said, there is a formal complaints process and after which an Ombudsman service to adjudicate if you are not happy with the complaints process.

Would be interested in what the nature of the complaint is, Richard

"There are no problems - only solutions"
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 07 March 2010 :  16:41:37  Show Profile  Reply with Quote
I'm sorry you feel that you have been 'pointed at', I'm sure that no-one meant to do that.

Can you say why you feel that you shouldn't have gone into an IVA, wasn't the procedure properly explained by your IP?

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/

Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.

32 IPA payments made, 4 to go - the end is in sight!
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adrianratcliffe
Starting Member



United Kingdom
12 Posts

Posted - 07 March 2010 :  21:30:24  Show Profile  Reply with Quote
Hi All, I never actually got to see or speak to an insolvenvy practitioner, I did manage to pay 12 months into the IVA then the burden became too much as the figures where manipulated to get the IVA into place, once the actual selling of the IVA to myself had happened mostly sign here, sign there, everyone i had dealt with suddenly disapeared and my file was passed around there office for everybody to comment on, I think even the tea lady had looked it over, i never knew who was dealing with my affairs, I never got any letters other than loverly well presented ones telling me how much per hour was being charged, when I asked to talk to or see the IP I was told it wasn't possible and to talk to his staff, in the end i made do with the tea lady, if they had been quicker on there feet and bankrupt me whilst there was still equity in my house I wouldn't need to be on here now, so i am now in year 3 having paid not a penny into the IVA after year 1. In 3 years I havn't had 3 letters from them I have tried to sell the house but we are in a negative equity situation, so I think I have a little right to complain, I know the complaints are never upheld as it's an old boys network would you say in your estimation 3 years is using due diligence ? regards Ady Ratcliffe
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 07 March 2010 :  21:38:22  Show Profile  Reply with Quote
To be honest (and I'm not having a go here so please don't think I am) I don't think you would get far with a complaint. I was in a similar situation to you and my IVA failed after 4 months as the figures were so unrealistic. It would be extremely difficult, if not impossible, to prove that you hadn't been been given the correct advice at the start, as like me, you signed the paperwork.

As I said, I'm not having a go as I can understand where you are coming from. If you do decide to make a complaint you should start with the IVA company's internal complaint procedure and escalate from there if you have no joy.

Good luck x

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/

Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.

32 IPA payments made, 4 to go - the end is in sight!
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adrianratcliffe
Starting Member



United Kingdom
12 Posts

Posted - 07 March 2010 :  22:07:52  Show Profile  Reply with Quote
Hi Skippy,
Ye good call, im'e not going to complain, just wanted a rant I know your not having a go. I just want to try and keep my house really they shouldn't offer up IVA'S though, iv'e got the interview on thursday next week and it'a a right hike from leeds train station do you think i can claim expenses from the official receiver?
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 07 March 2010 :  22:17:41  Show Profile  Reply with Quote
I'm not sure to be honest, although I wouldn't think so - if they think you've got £510 (soon to be £600) to go BR then I'm sure they'll think you've got the train fare!!!

I don't blame you for wanting to rant, I've done a lot of it over the years. Sadly now I've put it down to experience, albeit it an expensive one. We're not the only ones who've had this experience, and sadly I don't think we'll be the last. Hopefully more people will find this forum and the sister IVA site and get better advice.

Good luck with the meeting x

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/

Only when the last tree has died, the last river has been poisoned and the last fish has been caught will we realise that we cannot eat money.

32 IPA payments made, 4 to go - the end is in sight!
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adrianratcliffe
Starting Member



United Kingdom
12 Posts

Posted - 07 March 2010 :  22:23:57  Show Profile  Reply with Quote
Hi Skippy,
Thank you im'e not really looking forward to it but i will get through it. x
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RHB
Senior Member

1159 Posts

Posted - 08 March 2010 :  07:07:00  Show Profile  Reply with Quote
Well the good news is that if your house is in negative equity you are more likely to be able to keep it.
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adrianratcliffe
Starting Member



United Kingdom
12 Posts

Posted - 08 March 2010 :  17:46:36  Show Profile  Reply with Quote
Hi, yes as far as the equity is concerned I think it will be sometime before there is any equity in the property, i have seen amounts written on here stating that it needs to be around £10,000 for the receiver to force the sale would you say that is a good estimate ?
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gettingoutofdebt
forum expert



2418 Posts

Posted - 08 March 2010 :  18:22:33  Show Profile  Reply with Quote
That sounds about right. The OR will always go for a quick sale so this price is lower than you would normally sell the property for. It also creates more work and expense for them so anything less than about £10k is probably not worth their effort.

Don't forget if the mortgage is joint and it is only you that has declared BR then the OR is only entitled to your share (50%) of any equity.

The OR may ask for a property valuation (or even two) so when you contact an Estate Agent make sure to tell them you want a quick sale price. Tell them that you are moving to another part of the UK to take up employment or something similar if they ask why you want a quick sale. If Agent doesn't think they will get an instruction then they won't even bother to turn up and value the property.
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