IVA and Credit Checks

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Oliver

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Post by Oliver » Thu Jan 11, 2007 10:56 am
This will all depend on the terms and conditions of you IVA. Contact your IP and talk this through with them so you know where you stand. I think it is likely that you will have to pay the full increase into your IVA less any additional costs involved with taking the position.

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Oliver

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Skippy

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Post by Skippy » Thu Jan 11, 2007 11:21 am
I would have thought that it would be in the creditor's interests to allow you to keep half, to encourage you to get a better paid job.

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Oliver

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Post by Oliver » Thu Jan 11, 2007 11:54 am
It all depends on the terms and conditions. You make a valid point Skippy but the creditors may argue the point to seek as much money back as possible and ultimately it is still in the interests of a person to seek a higher paid job as they will have more money once the IVA has finished.

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jamesfalla

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Post by jamesfalla » Thu Jan 11, 2007 1:40 pm
Scooby is half right.

If you receive a pay increase of £2000, but your legitimate expenses increase by £500 as a result of this, then only £1500 will be available for the creditors. However, you must then expect to pay all of that £1500 to your creditors. ie The 50% rule will not normally apply to pay increases.

This may not sound very fair. However, remember your IVA is an agreement to pay as much back to your creditors as you can but in a more sensible and managed way. This means if you can pay more, you must pay more.

The 50% rule is normally only used for one off or irregular increases in income such as unexpected overtime, bonuses or commissions.

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James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions, with extensive experience of solving personal debt problems over the past 10 years. I am regularly featured on BBC News, Finance Programs and Radio.
James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions for over 10 years.

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Skippy

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Post by Skippy » Thu Jan 11, 2007 4:20 pm
I may be getting a pay rise, effective from April which will only be a small one (usually 3-4%). My IVA annual review isn't until October, so what will happen to the money in the meantime? Will I have to pay in all of the extra, and will I then be able to go back to my original payment in October, as if it is only 3 or 4% it will be taken up with cost of living increases.

One last question (sorry about this!), but if I have to pay all of the increase into the IVA, but then put down increased living expenses in October, wouldn't the creditors want to know how I'd been coping, and therefore why I needed extra money.

Sorry for all the questions, but I keep thinking of things, and everyone on the forum has been so helpful to me!

Three down, fifty seven to go until freedom!
 
 

Oliver

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Post by Oliver » Thu Jan 11, 2007 5:04 pm
The best thing to do is discuss this with your IP. If you are given a pay increase in line with the rate of inflation you may be able to offset this with the increase in living expenses.



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Oliver

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neverending

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Post by neverending » Thu Jan 11, 2007 6:53 pm
Hi
This thread shows how hairy fairy the whole IVa system is.There should be a clear and straight forward rule for every single IVA regarding increased income.Surely if someone betters themselves it should be treated like overtime...50/50
Andy Davie
 
 

DebtDummy

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Post by DebtDummy » Thu Jan 11, 2007 7:42 pm
Hello Tammy, there is a new CRB procedure. I wrote it down in another post titled: Magistrate Court and CRB Info. Let me know how your CRB goes. Title it with the word CRB in it to make it easy to find. Good luck in your new job!
All I have left is my humour. :)

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MelanieGiles

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Post by MelanieGiles » Thu Jan 11, 2007 9:47 pm
All of these issues are very valid, and I thought it might be helpful if I gave some pointers as to how I manage things like this for my own clients.

Firstly, general salary increases and 50% increases relating to bonuses, overtime and commissions, rarely result in producing significantly higher dividends for creditors. From my point of view, the additional work required in policing client's wage-slips, far outweighs the eventual return. Under the proposed changing legilsation for IVA's which is likely to come in in 2008/2009 it is suggested that salary reviews are conducted only once per year, or not at all. I personally think an income and expenditure review is necessary, but once a year is sufficient at the time we produce our annual report to creditors.

My advice to all of you is keep detailed records of your expenditure during the first year, as you have the opportunity to amend your budget at the anniversary, at which time you have a whole year's experience of careful budgeting. Don't forget to keep notes of all expeptional expenditure such as family haircuts, unforseen repairs to house and car, school trips and excursions, kitting out the kids to go back to school in September. These things may sound daft, but they involve you spending money you may not have budgeted for within the IVA proposal.

At the time of your annual review - talk to your IP or their staff and tell them about any variances. I send a revised form out to all of my clients, inviting them to provide me with current figures, and these schedules are reproduced to creditors within an annual report. I have processed over 1,000 IVAs in the last 7 years, and I have never had a creditor querying increased expenditure - so long as it is within reason. Don't put down that you want to take the family on a three week cruise, as that probably won't go down to well!!!

The bottom line is that at annual review stage, it is the IP who makes the decision to increase payments, and to do this he/she needs your agreement too! And also don't forget that most of us are actual human beings as well - we have families and homes to run too. Personally, my home gas bill has increased from £150 to £190 over the last year (don't ask - we live in the country on LPG) but that goes to show that things do go up, and you still have to live!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

neverending

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Post by neverending » Thu Jan 11, 2007 10:57 pm
Melanie
Your approach and info are superb and I think that there are many people on this site[including myself] wishing that we knew about you when we were proposing our own IVAs.Unfortunately,and I am sure that I am not alone in thinking this,most IPs are distant once the IVA has been approved.I wrote to mine well before Xmas requesting some info and am still waiting.I phoned them Tuesday and am still waiting for a call back.An IP has a duty to represent both creditors AND debtor but the general feel that I get is that the IP is only interested in the creditors side of the IVA.
I know that I keep banging on about it but the fact is we need both better regulation and clearer rules/procedures regarding IPs and IVAs.
At the moment it is really pot luck or good homework that determines how good both your IP is and your IVA.
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Andy Davie
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jan 11, 2007 11:43 pm
Neverending

I'm starting to get these messages too. Maybe the Admin people ought to invite an expert from one of the regulatory bodies to join the Forum. I am sure that they would be willing to provide some input, and then heed would be taken of all of your practical points, as I am sure sometimes the regulators can forget there are human beings at the end of this chain.

What do you think?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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