six monthly review

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outofpocket

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Post by outofpocket » Fri Apr 04, 2008 5:31 pm
Hi,
Hope someone can help. We have just got our six monthly review five months late. My question is before we signed our agreement for the IVA, we had a verbal telephone conversation (which was recorded), and they agreed they would not take my lssa whilst in iraq, which is an extra living allowance whilst away from home/unit. They have included all my LSSA and say that it is taxable extra earnings and we now owe them £1,300. Do I have a leg to stand on, as it was only a verbal agreement?

I spoke to them yesterday, was told not to worry, someone would ring me back either yesterday or today, still not heard anything!

By the way the company BE.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Apr 04, 2008 6:22 pm
I think that you need to speak directly to your IP about this, as the policy on whether this is a windfall, or something which fits the 50% uplift provision is not certain - and some IPs will have differing views than others. My own view is that this allowance should not be touched, given that your family are suffering as a result of you serving overseas, and may have incurred additional cost as a result.

Try and get agreements like this in writing in future - it is far safer!
Regards, Melanie Giles, Insolvency Practitioner
 
 

outofpocket

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Location: United Kingdom

Post by outofpocket » Fri Apr 04, 2008 6:54 pm
Thanks Mel for your prompt answer. I only wish I had had time to have had it put in writing. I tried to get everything finalised before I left, but the date of the meeting with the creditors was after I had left for Iraq and my wife was left to deal with the finalisation, but to be honest with you, we thought that that area had been sorted, otherwise I would not have gone ahead with it. I have the name of the person I discussed this matter with, so hopefully that should go in our favour.

My last conversation yesterday was about the Armed Forces and their pay structure. Once again I feel that if they don't have a proper understanding of the pay structure, I wish we could have been pointed in the right direction.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Apr 04, 2008 10:35 pm
I always try and recommend that Armed Forces personnel use an IP with experience of this area - and preferably one who has served themselves. When I think of the number of times my family budget altered with posting after posting, I can really understand what you guys go through now - and in my day the only unsafe posting was Northern Ireland.

You boys and girls these days deserve some slack - and I cannot believe that your creditors would condone taking all of your LSSA money. That is a recipe for a News of the World feature.
Regards, Melanie Giles, Insolvency Practitioner
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