Hi, new poster. If your outgoings increase quite substantially

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Adam Davies

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Post by Adam Davies » Sat Feb 13, 2010 7:23 pm
Hi
Have a look at your chairmans report and see if they talk about a minimum dividend level. If they do not then there is no reason for your IVA to extend
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Andam Davies
 
 

jazz

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Post by jazz » Sat Feb 13, 2010 7:58 pm
Andy, there is no reference to it. Would it definitely have to be stated there?
 
 

Adam Davies

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Post by Adam Davies » Sat Feb 13, 2010 9:45 pm
Hi
Well I don't think that it should have to extend just because your payment level has to reduce.
Melanie has a greater knowledge of this and if you hang on she should be able to add her view soon
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Andam Davies
 
 

plasticdaft

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Post by plasticdaft » Sun Feb 14, 2010 10:06 am
I cant see payplan not pushing to extend this IVA if the payments are going to reduce though.
An extra 12 months of payments is an extra 12 months of fees for payplan.

Another case of people accepting allowances that dont cover the real costs.

I know that emergencies occur that are unexpected but people really do need to ensure that basic expenditure costs are at a level that will be manageable.

Dont take offence Jazz,I did exactly the same thing to get my trust deed(scottish IVA)accepted,and within months had to ask for more money for fuel and car repairs!!!

Paul
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
 
 

Julie

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Post by Julie » Sun Feb 14, 2010 10:39 am
Hopefully Melanie will be able to advise Jazz xx
 
 

jazz

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Post by jazz » Sun Feb 14, 2010 10:40 am
plasticdaft wrote:

I cant see payplan not pushing to extend this IVA if the payments are going to reduce though.
An extra 12 months of payments is an extra 12 months of fees for payplan.

Another case of people accepting allowances that dont cover the real costs.

I know that emergencies occur that are unexpected but people really do need to ensure that basic expenditure costs are at a level that will be manageable.

Dont take offence Jazz,I did exactly the same thing to get my trust deed(scottish IVA)accepted,and within months had to ask for more money for fuel and car repairs!!!

Paul
 
 

jazz

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Post by jazz » Sun Feb 14, 2010 10:42 am
No offence taken. My question is - are they legally entitled to? If not, I will fight the issue

Jazz
 
 

Julie

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Post by Julie » Sun Feb 14, 2010 11:10 am
It will depend on whats in your chairmans report I think Jazz....does it give the option to extend or does it mention a minimum return?
 
 

MelanieGiles

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Post by MelanieGiles » Sun Feb 14, 2010 11:11 am
You should not have to automatically extend the term of your IVA just because your circumstances have changed to result in you having a lower disposable income. And in fact your IP may not have the ambit to enforce an extension in the first place.

This is a matter for creditors to decide at a newly convened creditors meeting to consider the merits of a variation to the terms of the IVA. This may result in you being asked to extend the term, but this will be your choice and not that of your IP.

And just as an aside - some case managers are professionally qualified. I have a fully qualified JIEB person who runs my supervisory team, along with several other staff who are studying ACCA, AAT and CPPI.
Regards, Melanie Giles, Insolvency Practitioner
 
 

jazz

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Post by jazz » Sun Feb 14, 2010 11:23 am
Thanks Melanie, I have just sent a very long email to payplan. I will keep you all posted of the outcome, although not expecting a quick response due to the amount of questions I have asked.

Jazz
 
 

Julie

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Post by Julie » Sun Feb 14, 2010 11:25 am
Good luck Jazz and please do keep us updated xx
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