Any advice regarding an IVA dispute needed

SG83

Hi,
I entered into an IVA with debt matters in 2006, in 2008 it was taken over by Grant thornton. I was paying back no problem until my circumstances changed in 2009 due to having a child and working part time. I therefore was allowed to reduce my payments by half. I kept in contact with Grant Thornton and was told that my agreemant would end in Dec 2011 even though my IVA was extended by 12 months to cover the reduced payments. I called them nearing the end of 2011 to confirm everything was as it should be and stopped my standing order after the last payment in December. I then recieve a call from Grant Thornton telling me the case had been passed back from the closing dept and there had been an error from the customer service dept (i have spoken to numerous people from that dept), i was told that i was mis-informed and that i have defaulted my payments and still owe them £1200. I hadnt received a letter from GT until the following day. Since 2009 i have had another child and returned back to work on less hours as of the 1st Jan 2012. My circumstances have changed again and i lowered my hours as i was told my IVA was coming to an end. The company have admitted they are at fault but have said that the contract is legally binding and i have to continue my payments. I am very upset as when i rang them to find out how this has happened and request a letter to confirm this error, i was thhen told i was in arrears by £2000, again by another Customer advisor. I really have no idea where i stand and can not believe i have been given the wrong information by so many team members.
I would like to know where i stand in regards to this as in my head i owe them nothing and have been looking forward to the day that this debt has ended but clearly i am not free of it yet.
I have not sent a payment to them yet as i simply can not afford it and wanted to wait until i receieve some form of apology letter admitting they are at fault.
Any advice is much appreciated in this matter.
Kind Regards

oplus

amds84

Can you expand on your claim that they are in breach of contract?

oplus

amds84

A contract dispute can only be determined in court, an expensive legal process. Just because one party to the contract says it is 'nullified' because of an alleged act or omission doesn't mean anything so we'd better not give people the impression that they can escape from said contract in a similar fashion to the way some religions allow the husband to divorce his wife.

williamlyndsey

I have finished all payments with my IVA the last payment was november 1st.
Since the IVA started 5 years ago it has been switched to 3 companies ,every year i would send in all details neede P60 ,payslips expenses form and every year they have told me if i have had to have my payments increased because of extra earnings and oveertime. This has happend the last 3 years and they told me what i need to pay to make up the extra earned ,i have paid every sincle payment without fail and the amounts each month asked.
They sent me a letter saying i owe £4600 because i was in debt still owing overtime.
I rang up to say this can not be so as i paid everthing thy told me i needed to pay.
They looked into it and now say its only £2600 i owe.
i said i am still not happy as if they made a mistake and did not add this into my monthly payments and telling me every year what i needed to pay then thats their fault.
Apparently it is now going to some meeting to see if creditors will waver it as i have allready pais a lot in overtime.

Any one else had a similar problem and any advice for me.

williamlyndsey

SG83 wrote: »

Hi,
I entered into an IVA with debt matters in 2006, in 2008 it was taken over by Grant thornton. I was paying back no problem until my circumstances changed in 2009 due to having a child and working part time. I therefore was allowed to reduce my payments by half. I kept in contact with Grant Thornton and was told that my agreemant would end in Dec 2011 even though my IVA was extended by 12 months to cover the reduced payments. I called them nearing the end of 2011 to confirm everything was as it should be and stopped my standing order after the last payment in December. I then recieve a call from Grant Thornton telling me the case had been passed back from the closing dept and there had been an error from the customer service dept (i have spoken to numerous people from that dept), i was told that i was mis-informed and that i have defaulted my payments and still owe them £1200. I hadnt received a letter from GT until the following day. Since 2009 i have had another child and returned back to work on less hours as of the 1st Jan 2012. My circumstances have changed again and i lowered my hours as i was told my IVA was coming to an end. The company have admitted they are at fault but have said that the contract is legally binding and i have to continue my payments. I am very upset as when i rang them to find out how this has happened and request a letter to confirm this error, i was thhen told i was in arrears by £2000, again by another Customer advisor. I really have no idea where i stand and can not believe i have been given the wrong information by so many team members.
I would like to know where i stand in regards to this as in my head i owe them nothing and have been looking forward to the day that this debt has ended but clearly i am not free of it yet.
I have not sent a payment to them yet as i simply can not afford it and wanted to wait until i receieve some form of apology letter admitting they are at fault.
Any advice is much appreciated in this matter.
Kind Regards

Hi ,i am afraid i am not able to help but i wondered if you have heard anymore yet.
As you can see by a previous post they are telling me i owe them money too. I have only ever increased payments because of extra earnings and overtime and paid the amounts they asked me to.
so in a way we are in a similar situation.
I hope it gets resolved to your satisfactory.

Did123

After 61 month of payment I was told I still owe £3000 when I asked why these mony wasn't add during the 5 years ,I was told its my problem not there's ,now I done a formal complain to the company ans still waiting for the result,will update ones I hear any thing



:mad:QUOTE=williamlyndsey;50889873]I have finished all payments with my IVA the last payment was november 1st.
Since the IVA started 5 years ago it has been switched to 3 companies ,every year i would send in all details neede P60 ,payslips expenses form and every year they have told me if i have had to have my payments increased because of extra earnings and oveertime. This has happend the last 3 years and they told me what i need to pay to make up the extra earned ,i have paid every sincle payment without fail and the amounts each month asked.
They sent me a letter saying i owe £4600 because i was in debt still owing overtime.
I rang up to say this can not be so as i paid everthing thy told me i needed to pay.
They looked into it and now say its only £2600 i owe.
i said i am still not happy as if they made a mistake and did not add this into my monthly payments and telling me every year what i needed to pay then thats their fault.
Apparently it is now going to some meeting to see if creditors will waver it as i have allready pais a lot in overtime.

Any one else had a similar problem and any advice for me.[/QUOTE]