I had my IVA agreed June 2007 with Clearstart. All been absolutely ok for me. Then i got transferred to DFD! No communication from not even a letter explaining about the transfer. I only found out on this forum. My 1st review came around in June sent back all my income and expenditure on time. Heard nothing so called in total i called 4 times over the next few months. Then finally got the call last week from DFD to say my payments will stay the same and everything is ok. Was so pleased as its been tough some months. Today i received my reports that had been sent to the court. On this report it states although i have made payments to my IVA i am still £985.00 in arrears due to not stopping my company pension. Instead of 485.00 per month i should be paying 574.00. Now this as totally shocked me and is completely out the blue. Even up to last week DFD said all was in order and no increases neccessary so i have been led to believe eveything was ok. Now i find out i'm nearly one thousand in arrears!! On the repory DFD made out they were in contact me for the arrears and yet i have had absolutely no correspondence or commmunication to date. Believe me i would not have allowed the arrears to have built up without trying to sort it out before now!! I have called today but the customer care team are really not too bothered , i got passed to the collections dept and they have asked me to put all in writing. Which i have today and sent back recorded delivery! The lack of interest in you is very obvious from them. When my IVA was agreed Clearstart hi lighted my company pension as a modification and i explained i couldnt cease the payment out my company salary and they agreed it was ok and that was how it was left. If it was an issue why i have i never been contacted since. I just wanted some advise as i'm so upset today and just feel very let down as i have tried my very best so far with my IVA. I'm in for 6 years and have dealt with the whole process completely on my own. I really dont know the posistion with company pension and how i will stand now with these arrears. Any help would be grateful. Thanks
Thats so frustrating! I know that I was told to make sure I was paying the minimum amount towards my pension. I can't believe they have not told you about the arrears. You need to keep ringing and speak to your IP. I'm sure some sort of arrangement can be come to.
It can be a bit frustrating when your IVA is transferred from one IP firm to another, and if you cannot cancel the company pension, your new IP will have to call a meeting of creditors to get that particulare modification amended retrospectively.
I would try and speak to the IP directly on this point.
Thanks so much for your quick replys. Much appreciated today. I will do as you have mentioned Mrs Skint and try and deal direct with my IP.Will look up on website now. Although would also like to point out i didnt even know my IP had changed until again i saw on the court report today. DFD had not even told me! I now have a different IP. something else i will raise with them.
Hi Sue, definately email your ip direct. You won't get far with the call staff!
Pixie
'Welcome to where ever you are, this is your life you've made it this far, welcome, you've got to believe right here right now is exactly where you're meant to be'
IVA started may 07 ended dec 08
Thanks to Mrs Skint and Pixie for your advise. I found my IP email address sent email last night and logged onto a reply back this morning. He is going to review the issue with my pension. I feel better knowing its being looked at asap rather than passed from dept to dept.
Good news, I hope he manages to get it sorted in your favour Sue.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
good news Sue, hopefully it'll now be dealt with in a fair and timely manner.
Do let us know how you get on.
Pixie
'Welcome to where ever you are, this is your life you've made it this far, welcome, you've got to believe right here right now is exactly where you're meant to be'
IVA started may 07 ended dec 08
Hi Sue I felt sick when I read your comments and I want to wish you all the best for getting it sorted out sooner rather than later as the stress must be horrendous
take care
xx
Following on with the issue over my company pension. I have again written to my company pension scheme asking the question if possible to freeze/stop payments as requested by DFD. The pension company have come back and said its not possible to freeze/stop the payments but i can opt out. If however i leave the scheme i may not be eligible to rejoin. I will also no longer be eligible for Life Assurance and the incapacity benefits. I currently pay 5% of my pensionable earnings. Can DFD force me to opt out? I'm 40 years old and have been in my present position for 10yrs. I really dont want to leave my company pension. Clearstart had been fine with this but following my annual report i now have these arrears as stated below.
Hi Sue. Have you got a copy of the Chairman's Report from the time of the initial meeting? The reason I ask is that you may not be in breach depending on the modification proposed at the time concerning pensions. One of the most common states that;
Documentary evidence of the debtor's pension policy(ies) and its terms must be evidenced by
the Supervisor. Where the debtor is below the age of 55 years at the time of the Arrangement
the minimum mandatory pension contribution only shall be allowed. Where the debtor is 55 years
or above at the date of the arrangement then an average of the last 6 monthly pension contributions
shall be allowed subject to a contribution limit of £75 above the minimum mandatory pension
contribution per month.
I believe that you would be protected if this is the modification proposed and a variation need not be called. Pass all the information to your IP and let us know how you get on. Best of luck.
If this was modified in by a creditor at the meeting, you would have had to have agreed to the terms on the modification, and ought to remember what was agreed. As Michael says, have a look at your Chairman's Report and post the information on the forum for us to comment on.
If a modification has been accepted for you, by your former IP, and this was not with your agreement, then the provision will be invalid - but this could throw the IVA into jeopardy, so the advice to seek a variation may well be good.
The pension modification:
Docunentay evidence of the penion policy must be provided to the supervisor within 30 days of the acceptance of the arrangement. Monthly premiums must be suspended if possible and volutary contributions increase accordingly. If premiums must continue although at a reduced rate then the debtor must arrange for this to be done. If no evidence is provided then monthly contributions must increase by the full amoutn of the pension until provided.
This is a standard modification and i have looked through and not mentioned by any of my creditors.
I did supply the evidence to Clearstart as soon as my IVA was agreed and to date no one contacted me again to say otherwise or to raise any other issues over this. From my review which was due June 2008 and with payslips provided no one raised the point of my pension payments. So i belived it was all ok.
