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Fulfilled IVA with totally the wrong postal address on!

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JaneKK
JaneKK Posts: 7 Forumite
Seventh Anniversary Combo Breaker
edited 23 September 2024 at 6:55PM in Debt-free wannabe
Hi,
My daughter took out an IVA but died suddenly even before the first payment was taken two days later (we never got it back). As her next of kin and the person responsible for then dealing with all matters pertaining to her death including finances I contacted the IVA company to tell them she had died. To say they were unhelpful was an understatement and due to the nature of her death, which they were aware of, their attitude actually made the situation much, much worse and I ended up contacting most of the debtors myself to tell them of her death. They agreed to write the debts off and the company with whom she took the IVA out with then proceeded to produce a final report pursuant to Rule 8.31 of the Insolvency (England and Wales) Rules 2016 goes to 1) the debtor (in this case, me on my daughter's behalf), 2) The Secretary of State and 3) All Creditors. To this, he attached a Certificate of Completion which I understand basically acknowledges that the debts have be fulfilled (satisfied and are no longer outstanding). 
However, on looking at the Certificate, I spotted a huge mistake the IVA company made. Instead of listing my daughter's address as her own residential address where she had lived for fourteen years the company put down my postal address. The person i dealt with also told me to send copies of the final report to certain national creditor rating agencies. Although this letter didn't even have the courtesy of being addressed to me (it's addressed to whom it may concern) and sent to my address it's actually worded as though my daughter is still alive and tells her of other steps she should now take! 
My initial reaction was to write back to the company to advise them of their mistake and to ask them to correct it because the first thing that came to mind is that my address could now be blacklisted. But the response I got was 'Rest assured your property is not at risk' and they have taken no further action to correct their mistake. However, I have since been told that as this is a legal and binding document it needs to be corrected and my property could be at risk if someone does a credit search. 
So my question is a) do I have the right to demand it's corrected, b) if they won't correct it who can I take this to and c) if I have to contact all these other parties, on my daughter's behalf, surely the document needs to be corrected first? 
I also have serious concerns about the IVA company itself, as I think they duplicated one large debt and therefore overcharged on their fee. Some people would say well as your daughter has died, it's no longer relevant but I don't want this company to take advantage on anyone else like I feel they did my daughter.
Sorry for the long post but can anyone advise please?

Comments

  • sourcrates
    sourcrates Posts: 31,602 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 23 September 2024 at 5:26PM
    Firstly very sorry for your loss, must be a very difficult time for you.

    Secondly debt is attached to the person, not any particular address, so it will have zero effect on you.

    The certificate of completion is basically just for the record, given the circumstances its not an issue that needs attention or alteration.

    IVA companies are not very well regulated, and are well known for various infringements affecting due diligence etc.

    Most people might agree that the level of service you have received is pretty much par for the course when dealing with the majority of them.

    You can complain if you wish, but don`t expect very much in return, a complaint won`t really help you, or anyone else, as this particular sector requires a complete root and branch overhaul of its activities due to historic mis-selling of IVA`s, not just a slap on the wrist for an admin error.

    I realise this may not be what you want to hear, but again, sorry about your Daughter.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Brie
    Brie Posts: 14,772 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Also wanting to add my condolences.  Having additional worries isn't nice at all.

    And to state that the debts were your daughter's not yours so please don't feel like you need to repay any of them yourself.  Obviously if there is an estate substantial enough to clear them then fine but if that was the case I doubt she would have been considering an IVA at all. 

    Debt collectors, in general or as part of particular businesses, are not normally hired because they are nice people but because they are good at squeezing money out of people.  Don't believe any of them that might say that they will send bailiffs to collect your goods if you don't pay up or take your car or anything.  To do so would be outright theft.  
    I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards.  If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

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