Been messed around, help!

CharleyLP

Hiya,

Firstly I apologise for the long thread but I really need some help.

My boyfriend applied for an IVA 4 years ago, through the company Churchwood Financial, it was declined. At the time we were given no reason for it being declined and entered into a monthly repayment plan. Four years on we have been messed around so much by them my boyfriend has cancelled their services and has been trying to sort out his repayments to the creditors himself. In four years, we have never received any sort of statements from churchwood, explaining how much we've paid to each creditor and what is owed etc, even after numerous phone calls.

I have spent over 3 hours on the phone today speaking to various charities as my boyfriend received a very unpleasant phone call from MBNA demanding the 6k he owes them by the end of next week (yeah right!) I have since found out that the reason his IVA was declined was churchwood didn't put all of his debts through to the court, mbna being one of the ones left out! (no wonder it was declined) I've also found out he could have applied for an iva again, 6 months after the last one was declined and that churchwood haven't been paying the creditors! So the £150 my boyfriend has paid every month has basically lined their pockets from what I can work out!

Anyway after a lot of reading and phonecalls he has decided to apply for an iva again so my first question is:-

Can someone please recommend an IP who will actually do what they're paid to do please.

Second question:-

The mbna man is calling back on wednesday, my boyfriend has explained that he's self employed, money's tight and is willing to set up a re-payment plan with them. Mbna man was having none of it and was quite threatening down the telephone. Is there anything we can do to stop him taking my boyfriend to court before we find another IP?

Thank you for any advice

Charco_2

You really could have applied for an IVa again the following month! It quite often happens that when an IVA is rejetced, it is for fairly simple reasons like your creditors would like to reduce your monthly food bill by £15 and your contingency by £10 thus bringing in £25 more in monthly contributions! But if you're not available on the final day of your creditors meeting to agree the minor changes then the IVA cannot go ahead... for small problems like this it is common prcatice that your IP will reapply the following month!

While you speak to an IP there isn't a huge amount can be done... but it will take a while before MBNA mobilise their legal department to take you to court... if the IP is drafting a proposal for you, he can ask for an Interim Order to be put in place preventing court action until you can deal with ALL your debts in the IVA - these are less common now.

Pete*G_4

on the subject of Churchwood Financil having kept the money your BF has paid them to date, the first thing you should do is write to them and ask for it back, or to be paid to the creditors as was the original intention!