Can you please clarify this situation

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jack.m

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Post by jack.m » Mon Jan 21, 2008 11:12 pm
Hi there, First time poster. I am nearing the end of a hopefully successful IVA. (June this year) My subject is that of my initial payment which was made prior to my creditors meeting. I called my company tonight to see if there was anything to do at the of my IVA except from cancel the Standing Order. I was told that my initial payment would not be counted as a payment but as a goodwill gesture to show my commitment and just go into the contributions account. I found this strange as there was no mention of this during my initial telephone conversations and indeed I have been through my agreement with a fine tooth comb and cannot find any reference to this. Indeed to the contrary I found a para which states that "Normally, you will only make 60 monthly contributions. You will receive credit for contributions made before the meeting of creditors to your proposal". I have increased my contributions several times during my IVA due to promotions at work and am gutted to suddenly find I need to pay an additional £900. Can you please clarify this situation. Doing a little research it seems that some companies keep this payment towards their own fees but there is no mention in the small print of my company (dFd) of this being the case.

Many thanks in advance
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jan 21, 2008 11:53 pm
The initial payment should be part of your IVA and it does not sound to me as it you need to pay any additional payments. Your IP needs to confirm to you what the nature of this payment was, and why it was not included as cash in hand on your proposal documents, for their argument to stand up.

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

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Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

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Post by Adam Davies » Tue Jan 22, 2008 1:02 am
Hi
They can't move the goal posts now.
Write to your IP and quote the paragraph in the chairmans report.
Please let this forum know how you get on
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

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

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

jack.m

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Post by jack.m » Tue Jan 22, 2008 7:32 am
Many thanks guys. Will be drafting my letter and getting it in the post today. Will let you all know of the outcome. One other quick question. Am I able to go to Citizens Advice if the outcome is unsatisfactory or is there some sort of regulatory body specifically for IP's that I could contact. Is it even worth mentioning in my letter that I have already been seeking independent advice. I don't want to hack them off too much in case they try and make things difficult at the end.
 
 

Adam Davies

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Post by Adam Davies » Tue Jan 22, 2008 7:44 pm
Hi
That would be your next step,but as you state leave that for now.
Your IP will have a regulatory body[there are several]so if you get no joy post back and I will give you details
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

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

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

jack.m

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Post by jack.m » Thu Jan 31, 2008 8:25 pm
Great news folks,

Had a reply from IP today reference my e-mail I sent and they have informed me that they have now counted my initial payment as an actual payment so nearly there now. 3 months to go.
The light is bright all of a sudden!!!!
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jan 31, 2008 8:32 pm
And another success story for the forum!!!
Regards, Melanie Giles, Insolvency Practitioner
 
 

aguise

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Post by aguise » Thu Jan 31, 2008 8:44 pm
Well done Jack all the very best.

Ang
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Adam Davies

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Post by Adam Davies » Thu Jan 31, 2008 9:54 pm
Hi
Great news and shows just how knowledge and support can make a difference.
Regards
Andam Davies
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