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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My fiancé registered IVA through an debt management

Resolved Question:

My fiancé registered for an IVA through an debt management organisation a few years back and has paid thousands to them to date. She requested to cancel the IVA last year (10 months ago) to pay back the creditors directly because I opted to support her with her repayments. According to the IVA none of the creditors have been paid back and approximately £3500 has been deducted from the payments for 'admin' fees and only £800 has been put aside for the creditors. We called the creditors and they said they haven't heard or received anything. Can I take this IVA to court?
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
To add additional context to the question...
The IVA company in question is called Knightsbridge Insolvency. They said they required 9 months to release the accounts back to my fiancé after which we can begin the repayments directly with the creditors. Being on month 10 without any communication and them declining to provide an update, we are concerned that these account are now building interest and default charges for no payments which is creating even more debt (also concerned this may be the case for the past few years based on what the creditors said to us).
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Have they said why please?Alex
Customer: replied 1 year ago.
Hi Alex,Knightsbridge have stated that they are waiting on the creditors to confirm if any amounts are outstanding, which begs the question why have they been deducting money from my fiancé for the last couple of years without confirmation of the amount of debt. When we challenged this response we asked how many times did they contact those creditors and via what means, their response was that they issued a letter at the start of the process and one approximately 3 months ago to which they have not received a response to either. We queried why they did not chase them up or phone the creditors and the declined to answer.My fiancé called them last week to ask why the accounts have not been released into our care because the timeline is now overdue, they advised that they will send a new letter out to the creditors to ask for a summary.
Expert:  Ash replied 1 year ago.
Why did she go with them as oppose to a non charge charity like step change?
Customer: replied 1 year ago.
They claimed that through them they would be able to clear the debt within 5 years and that they were supposedly government backed.
Expert:  Ash replied 1 year ago.
Are they still trading?
Customer: replied 1 year ago.
they are.
knightsbridgeinsolvency.co.uk
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
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