Feel totally misled and don't know where to go from here

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Kerrie89

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Post by Kerrie89 » Mon Jul 25, 2011 3:48 pm
I'm about 9 months into my iva. One of the modifications when I started stated that I must chase up my child maintenance through the CSA which my ex has managed to dodge. It also stated that any payments received must come into the iva. I immediately questioned this with the company before I signed up and they told me it was nothing to worry about. It just meant I may have to pay a small amount extra into the iva for each payment received. I said that was reasonable as when I read it it sounded like they wanted the full amount. They said no way and I said I would let them know if I started receiving payments. When I did I rang the company again and they said only if the payments started to become regular I should complete a form and send the details to them. Again I questioned how much they would take and they said only a small amount. Again I said that it sounded like they wanted it all. Again they said no way and laughed!!! I was then totally convinced I was being silly. That was until 2 months ago when I spoke to a different person from the company who confirmed I had been right all along. The creditors not only want all of it but also what I received so far which I don't have. I feel totally misled and don't know where to go from here. My daughter is now at a grammar school and my expenditure is much more now. I have never missed a payment on my iva and have always given accurate information to the company dealing with it. Can anyone help? Thankyou.
 
 

ginger3232

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Post by ginger3232 » Mon Jul 25, 2011 4:02 pm
Kerrie89 - welcome to the forum - which company are you with ?

Also when you speak to people is it you IP or office staff.

Regards you child support - usually it goes down as an income - but is offset with all the expense.

Perhaps the best way would be to dig out your proposal and draft a email direct to you,outlining your concerns and worries. - perhaps if your I+E has changed it time to ask for a new one - (if you have a copy of the old form - use that against the new one it may help)

IVA is hard - and there are blips - so dont give up, there will be a solution to your issues to suit all parties. - just need to dig for it :-)
 
 

Kerrie89

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Post by Kerrie89 » Mon Jul 25, 2011 4:27 pm
Thankyou very much for your reply. I am with a company in Northern Ireland but although I know the names of who I spoke to I don't know their position in the company. I have since been told that one of them apparently wasn't qualified to give me the information he did!!! I wasn't receiving child maintenance at the time I started the iva so my creditors put that part in as a modification which I then agreed to based on what the company told me. They said if I received it the creditors may ask for a small amount but not all of it. My ip is ringing me this week to discuss. Don't know what can be done about it. They already had a meeting with the creditors to try and have the modification removed but 2 creditors rejected this :(
 
 

kallis3

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Post by kallis3 » Mon Jul 25, 2011 4:32 pm
I think I know the company you are referring to and they are usually highly recommended on here.

Let us know what your IP says when they phone you.
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
 
 

Kerrie89

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Post by Kerrie89 » Mon Jul 25, 2011 4:36 pm
Yes they were recommended to me too and seem to have a good reputation so I hope they will be able to sort something out!!!

Yes I will let everyone know what my ip says.

Many thanks!
 
 

kallis3

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Post by kallis3 » Mon Jul 25, 2011 4:37 pm
Fingers crossed!
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
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 26, 2011 12:04 am
Kerrie

The answer to your question must be in black and white on your chairman's report - as I suspect you know you were right from the outset, and this is a very normal modification so I am a little suprised that you were given the advice you received.

As you have the details of the guys you spoke to, why not arrange a chat with the IP to see if this can be ironed out. If they have made an error, the decent thing would be to put it right from their end and then ensure that full contributions are taken from you moving forward.

Now you are receiving regular maintenance from your partner, do make sure you have provided for sufficient expenditure for the children.
Regards, Melanie Giles, Insolvency Practitioner
 
 

RHB

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Post by RHB » Tue Jul 26, 2011 7:16 am
At the end of the day though, you are no worse off than if you hadn't claimed it.
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