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 Hi all Just a quick question on IVA
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stevenabbott
New Member

3 Posts

Posted - 06 February 2010 :  16:18:08  Show Profile  Reply with Quote
Hi all

Just a quick question on IVA .
I am 14 months into an iva and have my own car that I was allowed to keep at the iva start up . It is 10 years old and not worth much (£2000). I have been offered a company car through work . If i accept the car from work and sell my own would this be classed as a windfall as they new i had the car at the start of the iva and this money will help redress the balence of company car tax etc .

Andy Davie
Administrator



IVA completed.

10766 Posts

Posted - 06 February 2010 :  16:21:15  Show Profile  Visit Andy Davie's Homepage  Reply with Quote
Hi
I don't believe that it would be classed as a windfall so it is yours to keep. You will need to adjust your income and exenditure details as although you will have less take home pay due to the car tax you should make savings on car running costs. This change should be made at your annual review but it may be prudent to inform your IP now of the change
Regards

Andy Davie, IVA.co.uk spokesperson and a Debt Advisor
If you need any help or advice about the various debt solutions available please contact me via my website at www.andydavie.com
Author of "Real life IVA stories" and Debt Counsellor of the year finalist 2010
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stevenabbott
New Member

3 Posts

Posted - 07 February 2010 :  23:32:58  Show Profile  Reply with Quote
Thanks Andy for your advice .

I informed my supervisor a week ago that this was the case and I was told by there admin that it was a windfall . I have put it to them that it could not be classed as this as they already knew I had the car at the start of the arrangement . My supervisors admin has now said no its not but it still leaves me a little unsure .

Thanks again for this brilliant forum .
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Hugo
IVA Novice



22 Posts

Posted - 07 February 2010 :  23:52:04  Show Profile  Reply with Quote
I've had similar issues speaking with my 'case officer'
After indecisive and vague responses to important questions I asked was there not a precedent for these particular issues.
Didn't know what I was talking about.
Put it another way - did written guidelines exist to give definate answers. - no as every case was different - but she said one would be useful!

I've found my 'case officer' to be well trained in fake empathy/sympathy, but little else.
During our hour long conversation I was put on hold three times for answers to be sought!

Regards
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kallis3
Moderator



27 month\s down 33 month\s to go.

United Kingdom
35545 Posts

Posted - 08 February 2010 :  09:14:29  Show Profile  Visit kallis3's Homepage  Reply with Quote
I was always under the impression that if you sold a car, any money made on it would have to be paid across to the IVA. I know we had to send a copy of the registration document across when we set ours up. Don't know why.

We have always had excellent service from our Case officer at Payplan.

Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.

27 down, 33 to go.

Jan
xx




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Beans on Toast
IVA Journeyman



27 month\s down 33 month\s to go.

United Kingdom
655 Posts

Posted - 08 February 2010 :  13:43:57  Show Profile  Reply with Quote
Does the car not fall under the same rules as being able to sell your own belongings that you owned pre IVA?

We too had to send in a copy of our log book, I think this was because we are still paying for it and eventually when it is payed off, the monthly payment is added on to our IVA. Don't understand why they would need a copy if you don't owe anything on it.


An IVA, its not just for Christmas!!
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lesley_
Forum Expert



30 month\s down 30 month\s to go.

United Kingdom
8889 Posts

Posted - 08 February 2010 :  14:21:24  Show Profile  Visit lesley_'s Homepage  Reply with Quote
I've never had to send a copy of my log book in, I didn't owe anything on the car at the time.

http://thereisanend.blogs.iva.co.uk/

Downhill now 31/60....
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MP1965
IVA Junior



IVA completed.

57 Posts

Posted - 08 February 2010 :  15:37:44  Show Profile  Reply with Quote
I had to send Payplan a copy of my Registration Document even though the car was paid for. I assumed they wanted it to check the value of it as this was then stated in the Proposal that it would be excluded.

Although they could have wanted to check that I wasn't hiding a Ferrari instead of the claimed tatty old Fiesta!

** IVA Completed **
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lesley_
Forum Expert



30 month\s down 30 month\s to go.

United Kingdom
8889 Posts

Posted - 08 February 2010 :  15:48:29  Show Profile  Visit lesley_'s Homepage  Reply with Quote
Makes sense I suppose, I've only a Focus x

http://thereisanend.blogs.iva.co.uk/

Downhill now 31/60....
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kallis3
Moderator



27 month\s down 33 month\s to go.

United Kingdom
35545 Posts

Posted - 08 February 2010 :  23:20:26  Show Profile  Visit kallis3's Homepage  Reply with Quote
Our car was paid for as well.

It's only a Skoda so not worth a great deal!

Buckle your seat belt Dorothy, 'cos Kansas is going bye bye.

27 down, 33 to go.

Jan
xx




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stevenabbott
New Member

3 Posts

Posted - 08 February 2010 :  23:55:08  Show Profile  Reply with Quote
Seems a very grey area to me and interpretation is entirely down to who you speak too .
My car was fully paid for and I only sent off the licence number at the start of the agreement for valuation purposes.

Still unsure and gonna hold off i think until I can actually tie my supervisor down to a yes or no . It will balance out in terms of cost anyway through increased tax and decreased running costs and will surely benefit all involved as there can be no nasty suprises on servicing/mots etc .

If I were to lose my job for any reason I would have to hand the car back and be in a worse position as I would have no private car .
I am sure they would negotiate on this .
Some people seem very lucky to have a great relationship with their IP . Missing a trick here I think,

Thanks again guys .
14 down !!

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MelanieGiles
IP



30800 Posts

Posted - 09 February 2010 :  01:33:54  Show Profile  Visit MelanieGiles's Homepage  Reply with Quote
Your car should be specifically excluded from your IVA, and therefore if it sold post-approval the funds are yours to do whatever you like with.

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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lesley_
Forum Expert



30 month\s down 30 month\s to go.

United Kingdom
8889 Posts

Posted - 09 February 2010 :  04:08:21  Show Profile  Visit lesley_'s Homepage  Reply with Quote
Steven as Melanie says it should be excluded from the IVA and as you say some IP's are more contactable and approachable than others hence why it's paramount in finding one pre-IVA who is both of those things.

I'm sure you'll get a positive answer on this one.

http://thereisanend.blogs.iva.co.uk/

Downhill now 31/60....
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