Hi there
My partner has an IVA in place (it has been going for a year). Due to our debt, I was dismissed from my previous role with a Building Society for 'gross misconduct' and have therefore found it very difficult to find a job. Eventually someone took a chance but my salary has dropped around £4000 a year and our disposable income is now less than the IVA amount. We are struggling but we are determined to get this sorted - so much that my shoes for work have a massive hole in the bottom and have done for the past 3 weeks! What effect is this going to have on our IVA annual assessment? I am really worried.....
Well this particular expert is insensed to hear that someone has lost their job due to taking a responsible attitude to dealing with their debts. Shame on your former employer for having such a prejudicial view.
If you are stuggling to make the repayments, which is clear from the reduction in your salary, then you should approach your IP to see if the payments can be reduced. It may be possible to reduce by up to 15% without the agreement of creditors, providing that you agree to extend the IVA into a final year to make up the difference.
And if I were your IP I would be telling you to deduct the price of a decent pair of work shoes from your next IVA payment! I am sure that if you contact them they will be keen to help you get this sorted and back on track. Good luck and let us know how you get on.
Hi Jdm and welcome.
At your annual review you will be asked to fill in a new income and expenditure form.This will show that your disposible income has dropped.You can then ask your IP to hold a variation meeting and ask for your payments to be reduced.
In the meantime ask your IP for a one month payment break so that you can purchase essential items.
Regards
I agree with Melanie. There can't be many major employers who would interpret being in debt as gross misconduct and warrant summary dismissal and have this written into their disciplinary procedures. If your employer did indeed follow their own procedures correctly then shame on them for having such a draconian attitude; if they didn't then you have a prima facie case for wrongful dismissal. I hope that you got proper advice at the time from your union or from an employment lawyer.
How awful! It does annoy me that people get penalised for doing the responsible thing about their debts. It's the ones who are still frantically trying to dig themseves out of a hole who have the problems.
I would certainly see if I could take it further if it were me.
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
I think that been dismissed from your job for debts is absolutely disgusting! How can this company class that as 'gross misconduct' exactly? Being in debt can happen to anyone for various reasons. oh it makes me so mad, and especially when you are trying to pay what you can back etc. I remember reading on here also about someone else this happened to.
JdM wrote:
Hi there
My partner has an IVA in place (it has been going for a year). Due to our debt, I was dismissed from my previous role with a Building Society for 'gross misconduct' and have therefore found it very difficult to find a job. Eventually someone took a chance but my salary has dropped around £4000 a year and our disposable income is now less than the IVA amount. We are struggling but we are determined to get this sorted - so much that my shoes for work have a massive hole in the bottom and have done for the past 3 weeks! What effect is this going to have on our IVA annual assessment? I am really worried.....
Blimey this has worried me when I read it, I work for a building society and am just in the process of setting up aDMP, was it to do with fit and proper status or was it because you didn't tell them and they found out?
This is outrageous - being dismissed for gross misconduct in the circumstances outlined is ridiculous. Have you considered taking action against them through a claim to an Industrial Tribunal. There are many firms of solicitors that would take your case on a no fee basis. Can you give us a few more facts please?
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
