Are the fees fixed for the full term?

2 posts Page 1 of 1
 
 

OPTIMIST12

User avatar
Posts: 683
Joined: Mon Aug 06, 2007 1:47 pm
Location: United Kingdom

Post by OPTIMIST12 » Tue Feb 26, 2008 10:17 pm
Having got safely through my first twelve payments I am eagerly awaiting the results of my first Annual Review and receiving a copy of the report to Creditors that I believe is produced at this time. I am hoping that this will give me the outstanding balances from the late claimers amongst my Creditors and that - once I have all these figures - I will then be able to calculate the exact amount required to reach my "Minimum Dividend" requirement - (as stipulated in one of the Modifications to my proposal).

My IVA fees were set out in the proposal on a fixed basis -i.e. £X Nominees Fee, £X per annum Supervisors Fee, + VAT + Disbursements. I realise that the Disbursements will be impossible to fix in advance - but am hoping that the other elements will be "set in stone" to avoid upsetting my Minimum Dividend sums.

I am just getting a bit worried with all the current developments in the IVA industry (companies being taken over and the changes in the way fees are now calculated a la "Protocol") - are there ANY circumstances whereby my fixed fees / costs (disbursements excepted) could be varied in any way?

If for example Company A acquires the "book" of Company B are they allowed to change pre-agreed - and signed - fee arrangements? Alternatively - is it possible that any future "Protocol" agreed could ever provide for retrospective amendments to existing arrangements?

I am sure I am being paranoid in the extreme but an IVA gives you a lot of time to think / worry about things (!) and was wondering if anyone had any thoughts on this?
Last edited by OPTIMIST12 on Tue Feb 26, 2008 10:18 pm, edited 1 time in total.
47 months completed - 13 months to go.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Tue Feb 26, 2008 10:21 pm
The only way that your fees can be varied is by the express resolution of creditor at a meeting convened for such purpose, if they are fixed within the terms of the IVA proposal and Chairman's Report.

The IVA protocol only applies to cases which are proposed in accordance with the protocol from 1 February 2008 onwards.
Regards, Melanie Giles, Insolvency Practitioner
2 posts Page 1 of 1
Return to “postings for february”