Need some advice ref untruths told by the Iva

A question about : Need some advice ref untruths told by the Iva

Hello Folks,

I'm in a IVA. My IVa firm has been behaving a little unsavoury.

It all started with an RX1 form. I received an RX1 form a couple of years into my IVA from a company who i have no dealings with who (and this is the crux of the matter) use a gmail email address.

Now one of the reasons i am in so much debt is due to being scammed Naturally i am now very wary.

So i sent them an email...

I received a letter from yourselves with the ref no 'JC/148247'.

In your letter you stated i have not yet returned from RX1 under the terms.... IVA arrangement.

Then you ask me to sent it to you filled in threatening that if i don't you will inform my supervisor.

Anyway, you know the contents of your letter.

I have not recieved any correspondence from (your company)... before. So the point you mention about the form not being sent to you is incorrect. I have never been asked to or told to send any paperwork labelled RX1 before. As far as i was aware my IVA co deal with every thing. Nevertheless i have googled RX1 and it seems that

I am surprised that i'm being asked to sign this after being in an IVA for well over a year. This should have been done at the beginning, providing it was a stipulation of my creditors or the proposal itself. I believe Form RX1 gives my Supervisor the right to know if i decide to sell my property. It is registered against my house at H M Land Registry. However this is only if my creditors stipulated that it be signed, or it is a term of my proposal. If this is the case then naturally i will be bound to sign it. I have checked my proposal and i can see no such provision therefore legally i can refuse to sign Form RX1 without being in breach of my IVA arrangement.

You also need to understand that part of the reason why i am in debt is because i had been scammed online and by a garage. Therefore i am reluctant to discuss issues as personal as my IVA arrangement with a company i have not heard of that uses a 'gmail' email address. I don't mean to come across as rude however i feel intimidated by your advances hence my defence.

They replied and passed it onto my IVA firm.

IVA lot send me a snotty letter stating as i haven't signed RX1 they are going to petition for my bankrupcy if i haven't done so within 30 days. I contacted IVA and told them to resend the RX1 form out as last time round it found it's way to the shredder. I explained why and they stated they had received my email i sent to the RX1 form company and will get another out to me.

There, all fixed or so i thought.

Well this morning they sent me the annual review. In the review it written as though i have failed to comply and they will be taking further action. On top of this a year or so ago they went through the whole ppi shenanigans and slyly added Ј180 fee onto my file.

Obviously i no longer trust my IVA co and want out. Unfortunately i cannot as it's a legally binding agreement.

Is there anyway i can negotiate with my creditors direct? My financial situation is much better than it was before and things are looking much better than they were three years ago.

What will happen if i don't sign the RX1 form?

Best answers:

• I'm not sure about the RX1 form itself
  Re the PPI fee unless your repaying 100p in Ј this makes no difference to you, yes annoying to see the IVA firm profit, but at least its at the creditors expense and not yours
  In general worth bearing in mind that if you fail the IVA and try and negotiate with the creditors the following is likely to happen
  - You'll be liable for all the original debt (not predicted payment in IVA)
  - Creditors can add charges (the IVA stops this but when its failed, it can all start over)
  - Enforcement action may recommence eg calls door step collecters etc
  - Some creditors may work with you, others will not this could make like difficult
  - The debts have probably been sold on, the new holders of the debt may be easier or less easy to deal with than the old
  - The clock restarts if you go bankrupt (it's 3 years regardless of how long you've been in IVA)
  I would try and work with the IVA firm if you can
  Regards
  Martin
  PS - I've been through an IVA (full and final) myself