Hi I am in a IVA which is about to fail. Can we appeal this decision ?

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Marie.d

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Post by Marie.d » Tue Dec 01, 2015 12:24 am
Hi I am in a iva which is about to fail. We previously missed payments as I was on maternity and my husband lost his job and started as a sole trader. In September 14 a lower payment was agreed and we have stuck to that agreement. However not 15 they have failed us for missed payments ? How can they fail us now when we have been paying but pass us when we hadn't ?? Can we appeal this decision. ??
 
 

kallis3

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Post by kallis3 » Tue Dec 01, 2015 8:48 am
Hi and welcome,

You can certainly speak to someone there and ask why the change of heart and ask if you can carry on as you have been doing. It may well be that you can just extend the term to cover the payments.

Speak to your IP if possible but if not one of the managers would be better than a case officer.
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
 
 

Michael Peoples

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Post by Michael Peoples » Tue Dec 01, 2015 9:16 am
You need to urgently speak with your IP and find out if the IVA has actuially failed or if they have issued a notice of breach. This seems very poor if you have made all the agreed payments and hopefully it is just a mistake in the paperwork.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Marie.d

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Post by Marie.d » Tue Dec 01, 2015 10:04 am
We asked to extend already. It's taken the since June to arrange this creditors meeting and they say they won't help us now and to speak to citizens advice. It doesn't seem right !!
 
 

Lisa Thomas

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Post by Lisa Thomas » Tue Dec 01, 2015 10:54 am
Hi Marie Send them a written request for a written explanation of what;'s going on here. What missed payments are they talking about? If it's the 2014 ones then you seem to be saying this was accepted at the time so they should not be retrospectively failing you for that. They should send you a formal breach notice and this should explain the issue. Make sure you put in the letter that you are confused and want a clear explanation so that you can consider escalating this to a complaint if necessary.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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