asking for more than the agreed amount

[m.m]

hello i took out an iva in 2003 and i informed the coy that i was in the Army and that i would be leaving in 2007 with a lump sum and pension. now they are asking for more than the agreed amount without ever explaining all the clauses ref coming into a lump sum or win of some kind. I feel that i have been mis-sold this iva!. What can i do about it?

[Nikki Taylor]

my suggestion is to stay in the army until your iva is payed off in 2008 then come out and keep your lump sum for yourself. When in 2008 does your iva finish and have you served 12 or 22 years

Hope you are well

[MelanieGiles]

Hi mm

I assume that you mean this relates to your retirement gratuity. When I am dealing with forces personnel who are due to retire within the duration of the IVA, I specifically deal with this issue within the proposal document, so that the expectations of both debtor and creditors are understood.

Your creditors need to understand that this money is being paid to you to enable you to rehouse your family, following a long period of living in subsidised accomodation, and to allow you to embark upon a new career which may involve retraining costs. It is not unreasonable for your creditors to expect to share some of this money, but then you do not know when you will find alternative employment.

What was the original agreement with your IP, and what evidence do you have of the amount you felt you would be required to pay?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk