Pension.

[Neverguess]

Another question!!
I was making minimum payments of £25.00 PCM to a pension when I started my IVA and informed DFD of all they asked for. They advised that I may need to freeze it as the creditors may request that, all fine with me. I just asked them to let me know.

Nothing more was said, then 3 years later now my circumstances have changed they are making it an issue and saying I might have to pay back the payments I have made to the pension, to them!!! I've told them to take a running jump as they never came back to me and it's been on my income and expenditure forms ever since.

My question is, is there any way they can make me pay this back?? I am happy to freeze the pension for the next 2 years until the end of the IVA and have told them this but I see the paying back as their mistake so I don't agree with it. I'd love to know where they think I can find the money as well seeing as they get all my bank statements each year!!

NG

[Skippy]

Hi Neverguess, what are the terms and conditions of your IVA - is your pension mentioned? Mine wasn't mentioned at all and I would have been allowed to carry on paying into it had my IVA been successful. I really don't see why you should be made to pay back the money if it was an error by DFD, but I'm not an expert. I'm sure that one of the experts will be along shortly who will be able to answer your question.

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/

[Adam Davies]

Hi
You need to refer to your chairmans report following your creditors meeting and see what provision there has been for your pension.
If it states that you have to stop contributions then you need to discuss this with DFD and see if you can come to an agreement.You could add on two or three payment at the end of your IVA to cover the shortfall.If your pension contributions were allowed in the original report then there is nothing that DFD can do about it and you can continue paying into it.
They really should have picked this up earlier in your IVA.
Regards

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp

[Neverguess]

My what with the who?? I'll go and have a look through my paper work now!!

[Neverguess]

Well I never, amazing what you find when you look [:D]

My proposal states that I pay £25.00 to my pension and proposed it is excluded from my arrangement. Can't find anything more to say it can't. Found my Chairmans report and doesn't even mention my pension.

Feeling happy now (but I'll check one more time) as DFD have been awful in the last few months with changes I have had in circumstances. I'll enjoy telling them to go swivel [:D]

See good things do happen, even to us poor folk hee hee!! [8D]

[Skippy]

That's good news Neverguess!

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/

[Neverguess]

They sent me a letter saying I have to pay them the £25.00 a month from now on and increase my standing order but I can keep my pension going as well but I have to pay for it out of my contingency allowance.....I now read this as "We missed this, messed up and hopefully you will pay us and them and not realise" [:D]

So I can tell them no they aren't getting the £25 and keep paying my pension right?? That's how I'm reading it.

[MelanieGiles]

Why are they asking you to do this now, when the proposal which they wrote specifically excludes the pension and the creditors did not seek to modify it?

This seems to be an error on the IP's part, so I suggest you speak to them directly. From what you have said on the forum, you do not need to pay them anything!

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

[Neverguess]

My circumstances have changed due to a flat mate moving out. My expenditure has gone up so now they are trying to back track I think.

A quick summary is:

Year 1: £x amount earned, £x amount agreed for IVA
Year 2: New Job £x amount agreed for increase in IVA but also my expenses increased (some significantly) no questions made as IVA was increased anyway.
Year 3: Stayed the same, no change.
Now: Flat mate moved out, payments have to be reduced and now they are doing stuff like the pension. Also arguing that the increase in expenditure was never agreed. I told them that's there job not mine and sort it out.
I've sent them a letter offering a compromise to get this sorted move forward and avoid bankruptcy, but now I am thinking I shouldn't have as this is them covering themselves and they are at fault all the way along as with the pension.

I'll wait and see what they say about that one and write to them about the pension tomorrow now I know they cocked up. I really think they are trying not to speak to my creditors because they are in the wrong and just telling them I am defaulting.

[MelanieGiles]

If your circumstances have changed they should be suggesting a variation of the original terms to you, based upon your current affordability. Either way, I still don't feel that your pension ought to be included if you don't want it to be.

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

[Neverguess]

I agree (thanks to the help of this website!!) and I am annoyed I have suggested a figure that will stretch me tight. But I told them to tell me if they accept it, are arranging a new meeting or am I going bankrupt.

We'll see what they come up with now!

If they back down on the pension I am going to fight the other matter as well because I don't see why I should have all my expenses cut because they didn't do anything about it 2 years ago. I've done nothing wrong in my eyes and they have just got too busy to notice things that they are paid to do. [:(!] What's the point of sending in expense forms each year if they are just ignored?? [:(!]

[Neverguess]

Oh and thanks for your help, Melanie!!! [:D] You're a bit of a star on this forum and I'm all pleased to have had your help [:D] (and everyone elses [;)] )

[Adam Davies]

Neverguess
Your case highlights the problem with factory IVA producers[such as DFD]The attention to detail is poor and communication just as bad.Problems should be picked up at the annual review,remember these companies are bieng paid well to administer your IVA.
Yes mistakes happen but it shouldn,t take three years to find out about them.

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp

[Neverguess]

Been thinking more and more about the way DFD have dealt with my change in circumstances and want to speak to am ombudsman about all this.

How do I contact them?? I've looked at the letters DFD send me but can't find anything.

Any pointers?? [:)]

[MelanieGiles]

I think that that is a little over the top at this stage, and you must demonstrate that you have tried all routes to seek common ground with your IP over this point. See if you can arrange a face to face meeting with them to sort things out - I am sure that you will get a satisfactory response.

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