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Ip Threatens To Cancel Iva .... What??

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Good evening. I entered into an IVA last April and have been paying into every month without fail since.

This weekend I have received, what I feel to be, a rather strong and somewhat threatening letter from my IP, threatening to cancel my IVA for the following 3 reasons

1. Failing to complete and return the Electronic ID form
2. Failing to sign the Personal Interview Notes
3. Failing to confirm receipt of the R3 Booklet - 'Is an IVA right for you?'

These, I am presuming are all things that should have happened prior to my IVA being processed and agreed. Something I am presuming is a responsibility of the IP.

I have now had this letter that concludes 'If you fail to do this by the 14th January, I will have to conclude that you are failing to cooperate with me as Supervisor, which with then leave me little option but to fail your Arrangement.'

Now me being somewhat of an analyst, and reading between the lines.I would say this smacks of someone who has not done their job properly and is playing bully boy tactics to retrospectively get their house in order.

I would be most grateful of your thoughts and/or advice if you have had similar or perhaps can tell me what to do next.

Thanks for listening.

Comments

  • swanny65
    swanny65 Posts: 343 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    What's the problem with complying with them.

    1 and 3 an not financial. 2 I assume is your statement of income / expenditure. If you did not make a false statement then you are cutting off your nose etc etc....
  • peachyprice
    peachyprice Posts: 22,346 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think you're missing the point swanny, the OP has never had these forms to sign because perhaps the IP forgot, the IP is now sending threatening letters to the OP to cover his own back.
    Accept your past without regret, handle your present with confidence and face your future without fear
  • Dr_Hook
    Dr_Hook Posts: 509 Forumite
    Part of the Furniture Combo Breaker
    Even so, the only real course of action is to comply with the IP's request and maybe send a complaint letter regarding the heavy-handed/threatening correspondence received.

    Doing anything else risks termination of the arrangement, the IP is well within his rights to fail an IVA for non-cooperation.
    Proud to be dealing with my debts - DFW Nerd #491
  • coolcait
    coolcait Posts: 4,803 Forumite
    Part of the Furniture Combo Breaker Rampant Recycler
    Hiya

    Reply and comply appears to be your only real option. :mad:


    Here are some ideas - even though they're written as if they're orders, it's entirely up to you if you go for any of them! :D I think it's my bossyboots big sister side coming out :o

    Send them a letter - recorded delivery, or whichever option allows you to track it/ensures they have to sign that they've received it.

    In the letter point out that you have never received the following documents:

    1. the Electronic ID form
    2. the Personal Interview Notes
    3. the R3 Booklet - 'Is an IVA right for you?'

    and that is the only reason that you have failed to sign them.

    Make a point of noting that that the IP will surely agree that it is impossible to:

    1. 'Return' the Electronic ID form, given that it was never received to be completed;
    2. Sign the Personal Interview Notes, given that they were never received;
    3. Confirm receipt of the R3 Booklet - 'Is an IVA right for you?', given that it was never received (and that, in fact, if you were to confirm receipt under these circumstances, you would be lying to the IP :rolleyes: ;) ).

    Reassure the IP that you have every intention of signing these documents now that you have received them. In fact, you are enclosing the signed documents with your letter/have already sent them (whichever is applicable).

    Ask them when you should have originally received these documents, so that you can both identify where any problems/misunderstandings might have arisen. And request confirmation from the IP that he has received your letter; taken note of your points; accepted your non-culpability in the matter; and put measures in place to avoid others suffering similar stress due to what appears to be an oversight/error on the part of others (OK, leave the last bit out until you get confirmation that everything has been sorted :rolleyes: ).

    Once you have popped your letter in the post, and have your PO reference number, call the IP's office.

    Explain to them how distressed you were on reading their letter, since this was the first time these documents were ever mentioned to you, and that you don't understand why you were being faced with threats to fail your Arrangement due to non cooperation when you had never been given the opportunity to cooperate in respect of these documents.

    Tell them that you have sent them a recorded delivery letter raising these points, and enclosing the completed documents, that the PO's reference number is xxxx, and that you look forward to their response explaining how this apparent misunderstanding might have arisen. Offer to put in writing the points you have raised in your telephone conversation with them :A :p .

    The bottom line is that you have no real option but to comply with what they are asking for.

    That doesn't stop you putting your point of view on the record ;)

    Good luck with getting it sorted out!
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