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Sadsack
IVA Journeyman
826 Posts |
 Posted - 01 November 2007 : 19:40:19
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Hope everyone is well!
I have a bit of a problem and hope someone can help.
When I had my OR meeting after BR, she went through all my expenses and calculated that I could have £800/month for rent, £360 for food, pet food, toiletries and household cleaning etc and worked out that I would have to pay £254 IPA. She sent the pack out including the IPA for signature, documents for the Tax man etc which I signed and returned to her. I telephoned her this afternoon wanting to know when and to whom I must start paying this IPA. She told me not to worry as this can take a month or so to work out, the IPA form would be sent to me for signature (I had already signed it and sent it back), and to let her know that I had managed to find somewhere to rent at £900 per month (bearing in mind an estate agent will not touch me with a barge pole unless I have 6 months deposit and 6 months rent with a guarantor - upfront)where I know that my animals will be safe and there is easy access to motorways for me to get to work. She then informed me that her boss had told her she had allowed me too much in rental and food.
I am now in a situation where I have the tenancy agreement from my prospective landlord which he wants me to sign, I have in good faith paid him £1,000 deposit (he wanted 3 months up front but is happy for me to pay this off) and now the OR is going back on what I originally signed. I want to sign but am scared to at this time. Can they do this???
I really don't want to lose this house and fear that I am going to.
PLEASE HELP!!!!
Sue
Ho Hum! Think I'll bang my drum!
Read My Blog
http://sadsack.blogs.iva.co.uk/
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mikebdomain
IVA Artisan
United Kingdom
1355 Posts |
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Sadsack
IVA Journeyman
826 Posts |
Posted - 01 November 2007 : 19:53:47
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Hi Mike
I am actually at my wits end. I have not being paying my mortgage to save up for the deposits, have not paid my 2nd charge on the property for 3 months (guess an eviction order will be on its way shortly!!). I honestly do not know which way to turn. And to top it all, the person I love most in the world dumped me on Tuesday night!!!!
What a start to November!!!
Sue
Ho Hum! Think I'll bang my drum!
Read My Blog
http://sadsack.blogs.iva.co.uk/
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aguise
IVA Artisan
46 month\s down 14 month\s to go.
United Kingdom
4279 Posts |
Posted - 01 November 2007 : 19:56:31
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Hi Sue
Just to say that is terrible. What is the point of the OR meeting that you had, if the OR was having to report to someone else then you should have been told that it could be subject to change at the time. Have you told them you have already made a deposit and that you will lose the house.
Ang
Please visit my blog at http://aguise.blogs.iva.co.uk/ |
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aguise
IVA Artisan
46 month\s down 14 month\s to go.
United Kingdom
4279 Posts |
Posted - 01 November 2007 : 20:00:19
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Ohh Sue sorry I posted at the same time. Just read the last bit of your post, not a good start to the month. Just have a hug from me. Hope things go better for you soon.
Angxx
Please visit my blog at http://aguise.blogs.iva.co.uk/ |
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mikebdomain
IVA Artisan
United Kingdom
1355 Posts |
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Sadsack
IVA Journeyman
826 Posts |
Posted - 01 November 2007 : 20:29:27
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They have already handed it over to Eversheds, they have written to me and I have forwarded this on to the OR along with all the other information.
I am desperately searching the insolvency web site to find out if the OR can change the IPA once I have signed it and agreed to their terms. The one thing that strikes me as strange is that although it was a telephone interview, I was unable to write all the allowances that she gave me and she didn't send it out to me for clarification.
I do understand that the OR has a duty to give the creditors as much as possible and I am only too willing to comply. I also understand that if my salary increases I need to notify the OR and the IPA could possibly increase. I am happy to comply to this as well. What I don't understand is that if I had continued to pay my mortgage and 2nd charge, I would have £500 left every month to pay utility bills and live, therefore there would be nothing to pay into an IPA as there would be no surplus income.
Aaaarrrrrgggghhhh!!!!!
Sue
Ho Hum! Think I'll bang my drum!
Read My Blog
http://sadsack.blogs.iva.co.uk/
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Skippy
Moderator
United Kingdom
16660 Posts |
Posted - 01 November 2007 : 20:46:11
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Oh Sue, I'm sorry you're having such an awful time at the moment.
I have checked the wording of my IPA and it states that:
I understand that when this document has been signed by the Official Receiver it will become a legally binding document and that it may only be varied by written agreement with the Official Receiver or any trustee appointed, or by order of the court.
Have you received the signed copy back from the OR?
If I were you I would ask to speak to your examiner's boss and explain to them what has happened. I really don't understand how they can alter the figures once you have signed the IPA.
Good luck x
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/ |
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mikebdomain
IVA Artisan
United Kingdom
1355 Posts |
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Sadsack
IVA Journeyman
826 Posts |
Posted - 01 November 2007 : 21:01:36
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Skip and Mike - thanks for the info. I also cannot find the answer but will keep looking.
Skip, I have not yet had anything back from the OR's office, the person I am dealing with is the "Examiner". There seems to be some lack of communication - in my interview I mentioned to her that I wanted to go "home" for a holiday and she said that my holiday allowance will only be £96 per year. Today she recalled me saying that I wanted to go and that she can make an allowance of £40 a month!!!!! She also asked me to put in writing, all my monthly outgoings again and to write a letter to OR's office explaining why I would want to rent such an expensive house. One thing is for sure and as I said earlier, no estate agents will help, they want so much money upfront, very few landlords are willing to allow tenants with animals and when you do find a willing landlord, you have to pay that bit more. My gut reaction was to just say sod it, come to some arrangement with my mortgage lender and 2nd charge lender, which means I would stay in this house, have no food, no heating as I can't afford to pay for the oil and no money to fund an IPA.
But I am not like that - all I want to do is keep everyone happy and pay what I can.
Sue
Ho Hum! Think I'll bang my drum!
Read My Blog
http://sadsack.blogs.iva.co.uk/
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lily
IVA Artisan
United Kingdom
1482 Posts |
Posted - 01 November 2007 : 21:24:28
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Oh Sue
You must feel like giving up right now, I am so sorry that everything seems to be going against you. You must feel like youre climbing a vertical cliff face. Its the worst time of year for ending relationships, I really do feel for you. I dont have any answer to your problem, I just wanted to say, I really feel for you, I am sending extra special postive thoughts your way.
Stay strong, stay sane, we are rooting for you.
lily |
Edited by - lily on 01 November 2007 21:25:36 |
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mish1953
IVA Journeyman
United Kingdom
673 Posts |
Posted - 01 November 2007 : 21:41:32
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Sue - Im still expecting to come to the housewarming --lol.
I must admit £360 for food and pets is very high , Im allowed £300 for food for 2, and £20 for the animules. I asked about the pets , insurence etc but was told the max allowable for pets is £20 and anything else comes out of surplus .
£40 a month for hols ! - Jammy sod ..lol
Do you think the receiver was trying to balance one against the other ?
The way I see it it is that you need to book an appmt with the OR and go over it all, find out what their basis is for the rental allowance, explain that you have arranged a rental based on THEIR figures and that you will be unlikely to manage to get anything else at that price with athe animals - most landlords dont like big dogs.
If push comes to shove you can refuse the IPA and make them go to court for an IPO .. but then its down to how the court reacts on the day .. not to mention all the hassle and torment with court again. Im not too sure about that route.
Im so sorry to hear about your partner, merde week then - no wonder we havent heard much from you ..
hugs
Mish
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ray_a
IVA Journeyman
United Kingdom
959 Posts |
Posted - 01 November 2007 : 22:00:53
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Reading this Sue it will be interesting to see what the experts think before making an effective response but it would appear that the OR has made a mistake!
You have got to be able to live! |
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MelanieGiles
IP
31255 Posts |
Posted - 01 November 2007 : 22:15:59
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Hi Sue
I am getting increasingly concerned about the lack of any consistency within the ORs offices about calculating IPA payments - which appears to be entirely at the examiner's discretion. I suggest that you insist on speaking to the person who has disallowed the expenditure and explain the situation to them, and that you will seek legal advice if the original paperwork is not binding.
I also feel that £360 is a large allowance for one person, and you would never have that accepted under an IVA, and this is so frustrating as our Insolvency Service ought to be leading the way and creditors should accept their lead.
So sorry to hear about your break-up. Hopefully this will be temporary rather than permanent.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp
See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp |
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Sadsack
IVA Journeyman
826 Posts |
Posted - 01 November 2007 : 22:59:09
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Thanks for the replies everyone! Mish, the housewarming is on (if I ever get into it) and thanks for the call this evening.
Melanie, I accept that the "food" allowance is high, I am happy to reduce this and get by on £260 - it is managable. I am also happy to forgo the "Holiday" allowance as well - I have not been "home" for 5 years, 3 more won't kill me!!! I hope!!
In reality, I searched for months for accommodation, found some relatively cheap houses, went to view them and I wouldn't even go into some of them. I have to take care of my job and animals, these are my number one priorities. I looked for accommodation based on what the Examiner allowed for rental and managed to find something absolutely ideal with a long term lease.
Should I just go ahead and sign the agreement and fight about it all later - at least I will have a roof over my head and my "babes" will all be safe? The last thing I want to do is a) kick off with the OR and b) come home from work to a "flat cat"!!
More advice needed please.
Sue
Ho Hum! Think I'll bang my drum!
Read My Blog
http://sadsack.blogs.iva.co.uk/
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MelanieGiles
IP
31255 Posts |
Posted - 01 November 2007 : 23:07:16
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Personally I would stick to my guns, but if you feel that you can afford the flat and the IPA then I suppose that answers the question, but I would send copies of the IPA and property rental agreement to the examiner's boss, and ask the examiner that you want a letter stating the decision making process she went through in setting the payments.
You could also file a complaint at the Head Office of the Insolvency Service, if you feel that you have been treated badly.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp
See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp |
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mish1953
IVA Journeyman
United Kingdom
673 Posts |
Posted - 01 November 2007 : 23:10:40
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Sue & I had a good chat earlier and went over our respective expenditure allowances and lo and behold there are some major differences, some better for Sue & some better for me --
Im sure Sue wont mind me saying this but her clothing allowance is ..zero.. which is bonkers .. surely she should be able to buy some clothes in the next 3 years, my medical/dental/specs allowance is £5 .. I wear multifocal specs ..and a simple filling costs £42 ..
Sue gets a holiday allowance .. I dont ..
Melanie has a point about consistency .. there doesnt seem to be any and Sue & I are only 50 miles apart ! ..
Im looking forward to the housewarming :-)
Slainte
Mish |
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Sadsack
IVA Journeyman
826 Posts |
Posted - 01 November 2007 : 23:15:14
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I am of the same opinion Melanie - sticking to my guns. Unfortunately, I do not have a copy of the IPA, I signed and sent the only one they originally sent out to me, back to them. This included a covering letter informing them that I had managed to find accommodation, this was on 17 October, and I had heard nothing back from them. The only reason why I contacted them today, was to find out when, how and to whom I must make the IPA to as their letter said it would be from the beginning of this month. She had not reallised that I had sent the IPA back to her, she told me that it would be sent out to me and can take 2 months!!!???
Sue
Ho Hum! Think I'll bang my drum!
Read My Blog
http://sadsack.blogs.iva.co.uk/
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MelanieGiles
IP
31255 Posts |
Posted - 01 November 2007 : 23:31:13
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Sue
If you can spare the time, arrange to visit the OR's office to collect copies of the papers you signed, and demand a meeting with your examiner and her boss. Notwithstanding our ideas of what is right and wrong in terms of reasonable expenditure, you had struck an agreement with them which then caused you to commit to another agreement which you are bound to honour. They need to recognise that they have made a mistake and leave you in peace.
Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp
See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp |
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Sadsack
IVA Journeyman
826 Posts |
Posted - 02 November 2007 : 07:16:52
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Thank you Melanie, will do so this morning as the Examiner is away the whole of next week.
Sue
Ho Hum! Think I'll bang my drum!
Read My Blog
http://sadsack.blogs.iva.co.uk/
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Sadsack
IVA Journeyman
826 Posts |
Posted - 02 November 2007 : 09:26:54
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A quick update - I telephoned the OR's office this morning requesting copies of the IPA I signed and an appointment with the OR, did not speak to to the examiner that I have been dealing with. The gentleman asked why I wanted a copy of the IPA and also why I wanted an appointment with the OR. I did try and explain to him the situation and briefly mentioned that which Melanie advised. He has told me that he will get the examiner to contact me regarding this.
I have decided to go ahead with this rental agreement, based on the fact that I have committed to the IPA and agreed with the OR's original terms and that I have paid a deposit to the landlord in good faith, complied with the landlords request of guarantor and extra deposit.
My feelings on the whole matter, going right back to September 2006 when I entered into an unreasonable (my fault) IVA and the problems I have had for the last 13 months, I HAVE HAD ENOUGH!!!!! I have done my very best to comply with everything, have struggled to make the IVA payments, pay the mortgage, feed myself and my animals, keep my job going, stay off the prescription pills to not fall asleep behind the wheel of my car, have gone BR (didn't really want to), going to lose my home (my fault again), sorted out the IPA, found accommodation, OR now changing my allowances - and to crown it all - lost my partner.
What more do I have to go through? I am seriously losing the will to live and I know it sounds stupid, but everytime I pass a great big truck coming toward me in the opposite direction - I keep thinking to myself, just hit it.
I don't know how much I can take.
Sue
Ho Hum! Think I'll bang my drum!
Read My Blog
http://sadsack.blogs.iva.co.uk/
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BIT OF A PROBLEM
