I've been going through the paperwork and nowhere does it state you have to pay for a variation meeting - wonder what other's have in their proposals?
I've re-read the IP's email again and its made my blood boil even more,
The proposal to which you agreed does state that I am entitled to be paid for my work from contributions for my Nominee’s fee and my Supervisor’s fee; a variation is additional work for which I am entitled to be paid (currently, it seems to me the budget on this is already completely blown) and the fee is £750 plus VAT (£862.50 now that VAT has been reduced). If I put forward a Variation Proposal at which creditors are very likely to take umbrage, then they will not be willing to pay my Variation Fee. Therefore, in these circumstances, I think it is not unreasonable that if you want such a variation put forward to ask you to pay it. If creditors accept the Variation I can “eat some humble pie” and the fee can be offset (to the extent creditors permit) against contributions due. If creditors do not, then understandably you would not want to pay the cost afterwards.
I don't know what he's down to have completely blown the budget - its only since the probs with the car that he's done any thing and then its us who have been emailing. Maybe I can charge him for my phonecalls!!
As it doesn't state a fee for variation in the proposal, are we bound to pay it? Hyperthetical question I know as we can't pay it.
Sorry to go on - hubby's still in work and I'm going around the twist here. I have a workshop tomorrow for my course and supposed to be studying, but can't focus. B***** IVA!!!![:(]
Oh Julie, I'm so sorry that you're having such a bad time. I don't think anything you've asked for is unreasonable and I really hope you can get this sorted out xxx
I'm not quite sure what Accuma's problem is here, but I am also not familiar with the ins and outs of your IVA.
If you have asked for a meeting of creditors to be convened, then the IP has a responsibility to do deal with that request and convene a meeting.
I wonder why Accuma are now questioning your income and expenditure? Surely they are familiar with what is going on in this Country right now? I am sure your creditors know what is going on and must understand that virtually everyone in this country is affected in one way or another. Yours will not be the only reduction in contributions variation to be considered.
Accuma also seem concerned about recovering costs in this matter. Why, I wonder do they not suggest that the IVA can also be extended for a further period of time to cover those costs in the event of the variation being accepted? If the variation is rejected, they would take that fee anyway, I suspect. If you look at the section relating to the fees in the proposal or nominee's report, there should be some assumptions regarding their fees.
You migh also consider asking the creditors consider an extension to the term of the arrangement to make up for the shortfall in the level of contributions. With contributions being reduced by £80, it should only take an extra two or three months if the reduced level of contributions was maintained for the remaining duration
To Accuma, I would suggest that know matter how exasperated your staff may feel they should act a little more professionally and couteously toward your client. You have created a poor impression with the extract of your e-mail here.
What makes me laugh here is, you are obviously struggling to be asking for a variation so how on earth do they think you can find that type of money upfront to pay for the variation.
I really hope you get this sorted, you have had enough to cope with already xxxxx
Thanks guys, I don't know what I'd do without you lot - its strange how we can all see things logically eh?
I don't feel any better this morning, woke up crying and am so annoyed with myself for letting it affect me like this. I'm normally so in control and let this go over my head.
I really don't think I can carry on with Accuma or at least this particular IP. I am not prepared to pay upfront fees and if there is a creditor meeting, what do you think the chances are of me and hubby being allowed to attend?
My fear is, I don't think the IP will argue our case at all.
He has said our case hasn't been straight forwad - well the first year was trouble free -in fact we didn't hear from them at all. This year, granted we have had problems with the car, hence the need for variation. I suspect the problem lies, because Accuma wrongly set up a new DD without permission and I let my feelings known.
Oh well, off to travel to my course now - maybe focusing on something else will be a good thing.
Thanks for your support - and if Accuma are reading this - Thanks for nothing![}:)]
Oh Julie.. try not to let it eat you up.. You are far more important that anything else.. Have a good day and try to forget about it (I know easier said than done).. You know my number if you want to let off steam.. I'll leave phone in kitchen til you're finished ranting (ha ha)... be thinking of you xx
Hi Julie, i'm so sorry that you have had problems with your IVA, i hope that you get this sorted sooner rather than later and it is to everyone's agreement and is feasable too.
Hope your course went well and you had a better day. xx
Om shanti, namesté, good luck to all who are embarking on the IVA journey, it isn't always an easy one but the outcome is the best.
IVA COMPLETED August 2012, received Completion certificate 18.4.13.
Oh Julie,i'm sorry that your feeling so upset.It really should'nt have to get to this stage.And i do hope you can get this sorted once and for all,you just don't deserve it.Big hug from me.xx
i am so sorrry it must be so frustrating for you. no wonder youre upset as you know youre doing your best and are just being stone walled. its not fair to be treated like this when you know youre doing your best.
Hi all - feel more positive now, had a great day on my course [:)]
Obviously I have been thinking about Accuma and I'm after a bit if advice...to reach the £552 monthly payment I have included a contribution from my surplus, even though the IVA is not in my name and I have had a payrise since the start of the IVA. Really, I am not obliged to give any of my payrise to the IVA, I did it to make the figure more respectful and in the hope it would mean the IVA could continue. I am now tempted to withdraw that contribution...???
I have also left feedback on iva.com but messed it up first time [:I] does anyone know how to dlete a review??
Any advice will be great.
Thanks xx
Last edited by Julie on Thu Nov 27, 2008 7:43 pm, edited 1 time in total.
There is no obligation on you to include any increase in your own surplus income, Julie, but clearly if your income ratios change then there may need to be some adjustment on the expenditure sharing. Your hubbie's IP ought to be highlighting the fact that you are using more of your surplus to effect the revised offer, or at least that you can use your own money to pay for whatever you like - including higher dry cleaning bills if necessary.
As for the variation fee, your IP will have to do more work to cover those costs, but creditors may well not authorise these to be paid as an expense of the arrangement, however if the variation is necessary due to a change in circumstances outside of your control then I think that the estate ought to bear the costs. Cybus' suggestion that these be covered by additional payments at the end of the arrangement (if necessary) seems to be a good one.
Thanks Melanie, nice to see you back [:)] If Matthew calls tomorrow, I'll put it to him about having the IVA extended. Pity he couldn't have suggested that instead of being so negative.
I have asked for a meeting with him, as I believe more can be resolved in a face to face meeting. Given that he's based in Bristol, it will be easy to arrange on our part. He doesn't seem forthcoming on this though.
If the variation is not accepted, how long do we have to wait for hubby to go BR? I just want to be prepared. Also, would we be allowed to attend the creditors meeting?
He absolutely must allow you the opportunity for a face to face meeting, and I am suprised that he seems reticent to do this. You can certainly attend the creditors meeting, but as this is a paper exercise these days I cannot quite see any benefit to be derived from your attendance to be honest.
I will be very suprised if your variation is turned down - I have actually never had one turned down, and if the reasons for the variation are justified then creditors would be very silly to risk a bankruptcy with a much lower return.
I know Matthew slightly, and do find him quite personable. I am sure that if you ring him tomorrow, and explain how worried you are about everything he will do his best to help you.
Thanks Melanie - I have to wait for him to ring me, as the only number we have is Manchester and he's in Bristol. I did ask the assistant for Matthew's number but he couldn't / wouldn't give it to me.
I have only been able to deal with Matthew via emails and to be honest his tone hasn't been impressive. I'll keep an open mind and pass judgement when I talk / speak to him in person.
