I have been in IVA for 4 years and have never missed my monthly payment. I had a hire purchase car which was the only means of transport to work as I worked about 28 miles from where I live. The car developed a slight problem and couldn't send it to the dealer as I had to manage my expenses, so I sent it to a cheaper garage and got my engine destroyed by the garage. Went to court but was not in my favour. I needed another car so I spoke to my IP and explain my situation about the car and loosing my job. I remember they said if the lender will be ready to give me the car hire purchase then fine. so I went ahead and purchased the car. I have been able to pay my car loan as well as my IVA every month without any default. I had to send my annual income and expenditure this month to my IP and explained the new car Hire Purchased. he later sent me Notice of Breach what should I do?
Did you get anything in writing giving consent ? If it was on the phone they should also have recorded the conversation. Challenge the Breach by explaining that you had consent. If they do not accept that then consider a formal complaint.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
If they send you notice of breach they usually tell you what you can do to fix it (if possible) was this mentioned in the letter? I agree with Foggy that you need to argue you have their consent but you might have to give up the car loan to fix I'm afraid. Can anyone help you with a f&f settlement offer to get around this and close the IVA?
sorry just checking if you need a car to get to work and keep job to pay iva payments and u ask them about getting some form of transport which is going to cost money . and they agree . given some firms on here are not good on contact ie phonecalls to speak to the timescales that are in place for replies if you do use public transport to get to work or maybe taxis inst this going to offset income and payments into your iva or even mean no job hence no more iva payments .I know there are protcols to follow but not all icva companies seem to be very quick with descions and they could possibly lose a person their job because of this . not every one is out to defraud the creditors and some are only trying to keep their jobs and doing their best to pay back whats owing . it just seems that iva compaies know how to get hold of you if your not paying enough but don't seem to worried if u have a problem and these crop up through no fault of your own.
The issue here Dawn is that the debtor has obtained credit in breach of the IVA terms. The Supervisor has a job to monitor the IVA to check the debtor has not breached and if they have follow the correct procedure. Transport costs should have been allowed for in the debtors original expenditure and this is reviewed by the IP every year but that's not the crux of the breach here.
hi lisa I understand your point about credit and iva protocols but in the posters case it seemsbecause he tried to keep within expenses to gt a car repairs he did not use the best people to repair it which it seems would have cost more than the cheaper garage that destroyed the car engine it seems my point is going cheaper to repair essentials like cars doenst always pay and therefore u could lose your job using public c transport is not always the best solution and not always the cheapest. when in an iva we all try to budget within tight consrictions and do make these based on cheapest is best this does not alaways work . breachs are a serious issue I realise but if it comes to keeping your job to pay your creditors and what would many of us do . me I would try and keep my job as job seekers allowancwe wont pay an iva and it will fail so the creditors wont see any more money and the ip will not get all their fees
Again the issue was not the cost, the issue was the credit. It doesn't matter what the credit was for. The debtor was supposed to seek consent of the Supervisor to get credit and didn't. An allowance should have been made for the use of a car in the original calculations that led to the contribution sum. No-one is saying that you have to use public transport in an IVA.
Last edited by Lisa Thomas on Fri Aug 28, 2015 11:25 am, edited 1 time in total.
The point is, Dawn, that, though your arguement and reasoning might be valid, these things should be discussed with and agreed ( or otherwise ) by the IP prior to seeking further credit. IP's, understandably, do not appreciate being presented with a fait accompli.
If the need to act first and ask later was caused by the IP's lack of response, this can be used as a defence when trying to put matters right and could be leverage to get retrospective permission, if the rest of the arguement stacks up. There might also be grounds for a formal complaint.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
With the exception of 1 company that I can name most will not be interested in certain types of credit agreements linked to car or home insurance etc. and if they have remained relatively static during the IVA so much the better.
Anything over £500 involving a long term financial commitment needs signing off by the IP or there was always a recognition that the finance would need to be renewed during the life time of the IVA.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
I never had a problem with insurance or utility companies during the IVA.
Never had a problem with public transport either - used to catch the train to work.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
I used to enjoy the train journey - made one or two good friends on there.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
I just try and go to sleep - make up for the fact that I have to get up at 530 to get one!
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
I always had a book to read when my friends weren't there.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
