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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5426
Experience:  Solicitor
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I would like to know where I stand please .I have been

Customer Question

Hi I would like to know where I stand please .I have been poorly for 5 years , and I am in receipt of PIP now and awaiting to go to a meeting to receive more PIP all this has been done through the Citizen Advise Bureau who have been very helpful. I am also receiving benefits, also I have had a lot of support from my doctor. When I was diagnosed I took out a IVA as I was unable to work and keep up payments on my credit card as I thought this was the sensible thing to do. Throughout the last five years I have kept up all my payments to the IVA and still managed to pay all my bills although it has been hard . My IVA ends in october2017 and I had critical illness cover for my mortgage that I have been awarded from Aviva ,by law they have to let the IVA company know of this award and I also rang the up and spoke to Harrington Brooks who deal with the IVA and they asked me" if the award was lost wages" to which my reply was "no" as it was critical illness I asked the gentleman on the phone to put this in writing to me" that they could not take any of the monies as it was not lost wages". I did not receive this as they have now turned to Aviva and said it comes under" Windfall."Aviva were not happy with this and this is where we are at present.Please would you be able to let me know where I stand I receive £590 pcm so obviously to clear my mortgage would help me greatly I feel as though I have followed all the rules and done the right thing in the past to protect my financial status and now this company want to take everything.
Submitted: 4 months ago.
Category: Law
Expert:  Jamie-Law replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

So on the one hand, they said you are entitled to the money and now they have changed their mind.

Have I understood that correct?

Customer: replied 4 months ago.
that's correct
Expert:  Jamie-Law replied 4 months ago.

Ok - You should contact the company dealing with your IVA and ask for their complaints procedure. This will lay out a process which ultimately leads to the regulatory bodies and the sanctions can be severe for Insolvency Practitioner.

Do not go straight to the regulators without going through the company's internal complaints procedure and hopefully your issues can be resolved without much trouble. Once you have the complaints procedure it will set down who you can complain to, what they will do and what you can do to take it further.

This may include the regulatory body. This should resolve the matter for you.
Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 4 months ago.

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