Fraudulent IVA how to get it cancelled

sean9461

Long story short my mum was married and he racked up 100k plus of debt on another family in secret. Some debts he signed up for in joint names without my mam knowing. Even signing for her or the classic case of husband handing over piece of paper and demanding he signs it which according to the barrister in the divorce is well known as fraud.

He signed up to an IVA without my mum knowing to get rid of all the debts I assume after Iva was writtten off he was planning on leaving her.

She found out about him cheating before hand and and he scarpered and now she's stuck with all this debt and the IVA trying to force the sale of the matrimonial home which is writfully hers.

The barrister has since phoned the IVA company and was bounced around so many times and they tried to tell him they had no legal team. He did say to them that the Iva was not legal and since then my mum has not paid a penny to them and they have not called her or chased her in 5 months. Upon checking her credit report it states the IVA value is now 0. So it looks like they admit they messed up as they are supposed to visit the people going for an IVA but the husband signed the IVA without her present and waivered her right to council.

Now my question is where should I be going to get this completely removed? As her mortgage is too expensive because of this stuck on a SVR paying nearly 350 pound a month more than she should be on a fixed rate.

If I can get the IVA completely removed they should have no problem allowing her to get a fixed rate.

The barrister plans on dealing with it but is busy with the divorce side of things at the moment so I feel if I can speed ahead with this bit atleast She can get off the SVR quicker.

I have tried getting in touch with a legal team at the IVA company however the company has changed names so many times and keeps passing me back and forth between different company names they once were which is a joke.

Any advice would be great

Thanks

sourcrates

Wow, what a mess for you to both to deal with.

I would suggest, as you have already complained to the IP, that you make a complaint about the IP now.

You can do that on the following link :

https://www.gov.uk/complain-about-insolvency-practitioner

I would assume this would be the next step in sorting this out.

sean9461

Thanks I've just took a look and the insolvency service website isn't loading for me. Is it just me or is the website down at the moment?

I just checked her credit report in more detail and all of debted accounts have actually fallen off the credit report due to 6 years so I don't have to worry about getting them removed it's just the court records.

After reading about it does the practitioner have the power to remove public court documents? Might I have to go directly to the court?

However the court name for the Iva is just "voluntary liquidation cases" so I have nO idea how to contact this presumably fake court.

National_Debtline

I agree a complaint to the Insolvency Service is a good idea. The IP will have to listen to them.

EDIT - crossed posted with Sean. The Insolvency Service website is working for me.

James
@natdebtline

sourcrates

sean9461 wrote: »

However the court name for the Iva is just "voluntary liquidation cases" so I have no idea how to contact this presumably fake court.

They are usually dealt with by the nearest county court to where you live.

Site not loading for me either !!!

sean9461

Thanks I'll try phoning the nearest county court tomororw I've got he case number and will check with them.

I read somewhere that a complaints process cannot reverese a decision made by the practitioner would this issue not come under the bracket of a decision they have made?

Thanks

fatbelly

Alternatively, you can ring the Insolvency Enquiry Line on 0300 678 0015 or email them at: IP.Complaints@insolvency.gsi.gov.uk.

Is the IVA still showing on the insolvency register? (that's not working either :wall: )

sean9461

Yeah I believe it's still on the insolvency register as she's around 3-4 years in from a 5 year term I was trying to check but it's down. But I assume that's where the credit reports get their information from?

So I think I need to get the courts to not only delete it but remove all records of it which could be tough.

Ideally I would also like my mum to get back the money she paid into the stupid thing as she was ordered to check if she had ppi she got nearly 20k back and the Iva took the lot and none of the debts were in her name solely or anything she agreed to or benefited from. That money would really help her out at the moment as the house is in desperate need of repair too. This is something else I need to look into but doubt she will see that ever again


I'll find out for sure as soon as the website is working again