BIT OF A PROBLEM

[MelanieGiles]

Personally I would stick to my guns, but if you feel that you can afford the flat and the IPA then I suppose that answers the question, but I would send copies of the IPA and property rental agreement to the examiner's boss, and ask the examiner that you want a letter stating the decision making process she went through in setting the payments.

You could also file a complaint at the Head Office of the Insolvency Service, if you feel that you have been treated badly.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[mish1953]

Sue & I had a good chat earlier and went over our respective expenditure allowances and lo and behold there are some major differences, some better for Sue & some better for me --
Im sure Sue wont mind me saying this but her clothing allowance is ..zero.. which is bonkers .. surely she should be able to buy some clothes in the next 3 years, my medical/dental/specs allowance is £5 .. I wear multifocal specs ..and a simple filling costs £42 ..
Sue gets a holiday allowance .. I dont ..

Melanie has a point about consistency .. there doesnt seem to be any and Sue & I are only 50 miles apart ! ..

Im looking forward to the housewarming

Slainte
Mish

[Sadsack]

I am of the same opinion Melanie - sticking to my guns. Unfortunately, I do not have a copy of the IPA, I signed and sent the only one they originally sent out to me, back to them. This included a covering letter informing them that I had managed to find accommodation, this was on 17 October, and I had heard nothing back from them. The only reason why I contacted them today, was to find out when, how and to whom I must make the IPA to as their letter said it would be from the beginning of this month. She had not reallised that I had sent the IPA back to her, she told me that it would be sent out to me and can take 2 months!!!???

Sue

Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[MelanieGiles]

Sue

If you can spare the time, arrange to visit the OR's office to collect copies of the papers you signed, and demand a meeting with your examiner and her boss. Notwithstanding our ideas of what is right and wrong in terms of reasonable expenditure, you had struck an agreement with them which then caused you to commit to another agreement which you are bound to honour. They need to recognise that they have made a mistake and leave you in peace.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[Sadsack]

Thank you Melanie, will do so this morning as the Examiner is away the whole of next week.

Sue

Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[Sadsack]

A quick update - I telephoned the OR's office this morning requesting copies of the IPA I signed and an appointment with the OR, did not speak to to the examiner that I have been dealing with. The gentleman asked why I wanted a copy of the IPA and also why I wanted an appointment with the OR. I did try and explain to him the situation and briefly mentioned that which Melanie advised. He has told me that he will get the examiner to contact me regarding this.

I have decided to go ahead with this rental agreement, based on the fact that I have committed to the IPA and agreed with the OR's original terms and that I have paid a deposit to the landlord in good faith, complied with the landlords request of guarantor and extra deposit.

My feelings on the whole matter, going right back to September 2006 when I entered into an unreasonable (my fault) IVA and the problems I have had for the last 13 months, I HAVE HAD ENOUGH!!!!! I have done my very best to comply with everything, have struggled to make the IVA payments, pay the mortgage, feed myself and my animals, keep my job going, stay off the prescription pills to not fall asleep behind the wheel of my car, have gone BR (didn't really want to), going to lose my home (my fault again), sorted out the IPA, found accommodation, OR now changing my allowances - and to crown it all - lost my partner.

What more do I have to go through? I am seriously losing the will to live and I know it sounds stupid, but everytime I pass a great big truck coming toward me in the opposite direction - I keep thinking to myself, just hit it.

I don't know how much I can take.

Sue

Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[Skippy]

Oh Sue, please don't say that. I can understand how you feel though - I felt like that before I went into my IVA. I know it's easy for me to say but you will get through this but I wish there was something I could say or do to help you at the moment. All I can do is send you a big virtual hug and say that I'm here for you xxx

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/

[Sadsack]

Thanks Skip but I just don't know which way to turn. It almost feels like one step forward, 100 steps back. Have just had examiner on the phone and she is in agreement with me that I acted on the figures that she gave me, but it is not binding as the OR has not signed it. We have reduced the "housekeeping" which included pet food, food for myself, toiletries and general household goods to £230 from £360. Originally she had told me that she would allow £96 per annum for holidays, the OR told her it was too high and £40 would be sufficient - but thats every month and she said she had made a mistake, the £96 was per month! She also had insurance at £150 per month, where it in actual fact is only £53. She did say she was sure we could resolve it as I am being extremely co-operative however they can go down the route of an IPO. I said that I wanted to avoid that at all costs.

Going to have to wait and see as she said she would call me back today.

Sue

Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[scaredkez]

sue, firstly i am very sorry for everything that has happened over the last few weeks for you, and it makes me angry that they can threaten you with an IPO because of their mistakes,like melanie said there seems to be no consistency at all with the OR's, you are not being difficult, you are only acting on what they have informed you and allowed you.

i really hope this can be sorted very soon for you, and please Sue don't think horrible thoughts, we are all here for you, sending you lots of love and hugs and hope this can be resolved very soon and you can move on with your life.
kerri

Please view my blog at: http://scaredkez.blogs.iva.co.uk/

[Sadsack]

More developments! This is truly becoming a nightmare. I have just been informed that on recalculation by the assistant to the OR, I have a surplus income of £1,038 of which they want 70% - £727 per month for 36 months. This is a HUGE jump from the £254 that was agreed and that I signed. They are not prepared to move on the rental amount originally agreed, all they will allow is £600. They are saying that by reducing my monthly "food" bill to £230, and various other expenditure, my total outgoings/expenses is £1,462. I have a signed rental agreement for £900, have to pay an additional amount of £200 per month for 8 months to make up for the shortfall in deposit. Landlord required 3 months - £2,700. So in theory, I am up the creek without a paddle as I have £311 per month left after all payments, but have to find £500 per month to make up for the rest. The assistant did say that it is an "agreement" and both parties have to be satisfied. If I was not satisfied with their calculations, I have the right to take this to court so that an independant person can make a ruling. I thought going BR was the best way forward, I do want to pay as much as possible to my creditors, but I am just right back to where I started. I really and truly cannot believe that they can do this to a person.

Sorry to sound so gloomy but quite frankly, other options are beginning to feel as real alternatives. I am really struggling to find the strength to carry on.

Sue

Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[lily]

Sue

I cant speak from experience regarding BR, I havent been there. I can well understand youre at breaking point, all you have done is try to make what payments you could afford to the creditors and its been made difficult by the very professionals involved to help you move on (especially with your IVA in your case).

Couldnt you just write to your OR stating you case, something along the lines of your last post> Which communicates your feeling so well. I know you have had enough and do need or deserve the mention of an IPO. Even if it doesent have any weight at least your experience of trying to do the right thing will be logged. These people should be answerable to someone. It seems they have the power to make BR as difficult as possible for some people, is that what they are getting paid for? Or is it incomprehensible for them to see the human side to their actions? They are putting you in an impossible situation, the only person thats suffering here is you. There are plenty of them to shoulder any mistakes but only one Sue being squeezed like a tube of toothpaste and there is nothing left to fight with. Dont let them get away with it.

Please dont give up, I really can remember feeling exactly as you do, on my way home from work, the motorway passed over a river and I thought, one slight turn of the wheel and all this would go away. I am soo glad I didnt take that route. Your heart is breaking but it can mend, with time. You situation seems hopeless but where there is life there is hope, just keep going for a little bit longer. You feel so alone right now but you have friends.

Take care, please

Love

lily

[louisa.s]

Oh Sue,
I really don't know what to say as it is a truly horrible situation that you have been put in and my heart goes out to you. Lily has some good advice and it certainly puts everything else in perspective. If you do write to them, explain about your rental and why you had to go with the one you did.

Like Lily says please take care and I know this does sound exceptionally corny but your animals rely and need you. And in our darkest moments we become strong.

Lou x

[Sadsack]

Everyone - thank you for your support, I really do appreciate it. Everything just seems so impossible right now. All I want is closure on this nightmare, thought I had it all sorted and now its all gone to pot. In desperation I contacted Melanies office for help and hopefully she will give me the best advice possible.

Its Friday, weekends are supposed to be relaxing and I am dreading it.

Sue

Ho Hum! Think I'll bang my drum!

Read My Blog
http://sadsack.blogs.iva.co.uk/

[Adam Davies]

Hi Sue
What a nightmare !!!
I would challenge the £727 a month
It sounds as if you have been poorly dealt with and I would lodge a formal complaint......what have you got to lose ?
I am in Norwich next weekend[11th,mum lives there]] if you want to meet up for a chat......I really do feel for you
regards


Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[MelanieGiles]

Sue

If you have the courage to do this, I would let this go to Court and fight it - but do get a copy of that paperwork which was originally sent to you. A shame you did not keep a copy.

Could you scan and send me a copy of the figures that you were originally assessed on, and the new figures, and also what were your monthly payments under the IVA. With a £600 rent allowance, what sort of property will you get in your area in order to house you and your pets?

Could you also confirm the amount of your creditors as well so I can get a better feel for your case.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp