IVA Company not helping!!

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Cybus

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Post by Cybus » Thu Jul 19, 2007 8:26 pm
The modification re no variation within 24 months is becoming increasingly common, unfortunately.
I wonder if your Nominee considered exercising his discretion in considering this modification? It would be worth asking if that was the case. That modification in certain circumstances could have been rejected.
Dare I ask the name of the Company that you are experiencing difficulty with? I have noticed that in, for want of a better term, 'naming and shaming' on here, you sometimes do get the desired response!
As Melanie suggested, when you do get in touch with someone, then you should suggest a variation to remove the modification
Tell it like it is.
 
 

beckym

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Post by beckym » Thu Jul 19, 2007 8:32 pm
We are currently under the 'Debt Advisor'. Am now feeling a little more positive and am going to call and be insistant that I am put through to my IP and am not going to take no for an answer!!
Am just really concerned that we may have no options but to have 3 children in a 2 bedromm house for the next 24 months..will keep my fingers crossed
 
 

Adam Davies

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Post by Adam Davies » Fri Jul 20, 2007 3:23 pm
Hi
There is no problem with people other than the IPs dealing with queries as long as they are fully upto speed with the ins and outs of the IVA.
How can any IVA provider refuse a variation meeting because of pregnancy ? Surely it is in everyones interest that the IVA is successful and having a no variation within the first two years clause can force an IVA to fail and the creditors getting zero.Surely if creditors insist on this clause then there must be an allowance for this to be exempt in certain circumstances such as pregnancy or serious illness.
Even better to give the IP full resposibility in adjusting payments into the IVA,as and when needed, without the need of a variation meeting and the power to extend an IVA for a further twelve months in order to deliver the original dividend.Why not build in a financial interest for the IP if they deliver the original dividend ??
I just get the feeling that some IPs are reluctant to propose variation meetings due to the ongoing cost that they probably do not recover.
I wonder if IPs were still paid on time cost basis if they would be more more willing to propose variations.
Or am I just getting cynical on this wet Friday afternoon ???

Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

Skippy

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Post by Skippy » Fri Jul 20, 2007 3:48 pm
I totally agree with you Andy. Knowing what I know now, I would never have agreed to the 'no variation in 24 months' modification. Unless you have a crystal ball you have no way of knowing what is going to happen in your life and surely the creditors shoot themselves in the foot with this modification. I know my IVA failed for a slightly different reason (I couldn't afford the repayments rather than a change in circumstances), but if I had been able to vary the payments my IVA would hopefully have run its course and my creditors would receive more money than they will now I'm bankrupt.

Sorry, rant over!

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

View my blog at http://skippy13.blogs.iva.co.uk/
 
 

beckym

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Post by beckym » Fri Jul 20, 2007 6:39 pm
Have finally managed to speak to my IP today, she has said that IVAs are very hard to get and that I am one of the 'lucky' ones and that at this stage I should not be rocking the boat. She is going to look through our case and see if she feels it worth mentioning a variation at this date. Have asked her to do this. She is going to contact our 2 main creditors and ask for their feedback before arranging a meeting.
However, we have now found out that they have misplaced our form that we signed agreeing to the terms...could this be our way out!!!!
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 20, 2007 6:44 pm
Leave it with her Becky for the moment. She has said that she will look at it for you, and I am sure that she will.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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