I would say that the intent is there to include IP fees, but that the clause is woolly enough to argue that this merely includes the full level of creditor claims regardless of costs. This is an opinion, and should not be relied upon as being factually accurate - and again you should query this with your own IP.
Hi Mel, I have asked them a couple of questions tonight and will wait for the answers.
I am probably like many out there who signed up to the IVA on the back of one meeting and the thought of getting creditors off my back.
Now I am quite a way down the line, and have been on the forum for sometime, I have finally dug out all the paperwork and slowly going through it so that I understand what I signed up to.
This process also helps me figure out what changes are being made by the variation documentation issued by my IP, it also clarifies as to why they need to issue the variations.
It is so important that you make decisions now on a fully informed basis nickjohn, and I am pleased to see that you are taking time to ask lots of questions to gain a better understanding of the issues you are being asked to agree to.
Do share the answers you get with us, as this will be helpful to both myself and other forum posters who perhaps find themselves in a similar position to you now.
@M Giles and Nicjohn I cannot say nickjohn - indeed it would be dangerous for me to advise you on a public forum without seeing the whole proposal. I really do recommend that you direct these questions to your own IP, who does have detailed knowledge of your case. Remind me of the firm you are with please.
Please can you confirm why a IP would have more detailed knowledge of the IVA ? I would have thought legally this would be part of sharing all the information for legal purposes
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by vesper100
@M Giles and Nicjohn I cannot say nickjohn - indeed it would be dangerous for me to advise you on a public forum without seeing the whole proposal. I really do recommend that you direct these questions to your own IP, who does have detailed knowledge of your case. Remind me of the firm you are with please.
Please can you confirm why a IP would have more detailed knowledge of the IVA ? I would have thought legally this would be part of sharing all the information for legal purposes
I think Mel is just saying that if there are elements of the proposal which I am unsure of I need clarification from my ip. Whilst Mel maybe an ip in her own right her interpretation of my agreement may differ from my own ip..
From my perspective the agreements and terms and conditions leave a lot to be desired and could be interpreted many ways. I use a plain English contract for work projects and it covers everything in detail and is over some 10 pages. I think the iva proposals need bringing up to date to cover all bases and not rely on associated terms and conditions which seem to get amended regularly....
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by jeffw
nickjohn, have you had a copy of R3 terms and conditions yet ?
I got a copy off the Internet but my iva is covered under the IP's own terms and conditions. Problem is their own t's & c's are from 2008 and most of the issues being encountered now stem from 2010 onwards..
OK - there was a time prior to the advent of the IVA Protocol in 2008, that we used our own bespoke terms and conditions in my practice as well. So if this is the case in your case, the R3 Terms and Conditions have no relevance I would have thought.
thank you for all your support - it is clear and informative
I am very interested in the comment placed by you .........
OK - there was a time prior to the advent of the IVA Protocol in 2008, that we used our own bespoke terms and conditions in my practice as well. So if this is the case in your case, the R3 Terms and Conditions have no relevance I would have thought.
My IP is saying that the R3 Standard Conditions to Individual Voluntary arrangements - Version 1 - applied to the IVA in June 2004.
I am correct in assuming by your comments that the R3 has no legal weight due to this fact that the r3 only applies to IVA protocol standards set from 2008?
I am a teacher and compared by my own schools policy and the government standards - this is a minefield and a very grey area in regards to PPI and IVA
No - the terms and conditions used for your own IVA are unique to that case and stand given that they were accepted by you and the creditors they form an integral part of your own agreement. The R3 terms and conditions have been around for many years, and are still used by some IP firms who have not adopted the IVA Protocol.
They are different terms and conditions vesper. I would not worry too much about T&Cs which do not affect your case, as they have no relevance to your case. If you have queries about your own IVA, it would be much better for you to address those to your own IP directly. Which firm are you with?
