Uphill Struggle

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rachellxx39

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Post by rachellxx39 » Tue Jun 17, 2008 10:22 pm
Hi been in iva since jan 2008 . We have had lots of things go wrong in a short space of time , and with increasing petrol and food prices we are struggling to maintain payments ,thus we are 1 month behind already. I have kept in constant contact with our ip and have sent off a new i&e to clearstart at their request. What will happen when they have looked it over? and what possibly could they do to help .
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 17, 2008 10:24 pm
You need to consider whether you ought to be asking for a reduction in payments Rachel, but it is sad that this may have to be done so soon after the IVA was accepted. Did you really feel at the time it was presented that you could afford the payments, and what are the reasons for you now struggling - apart from the obvious food and fuel pricing increases.
Regards, Melanie Giles, Insolvency Practitioner
 
 

rachellxx39

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Post by rachellxx39 » Tue Jun 17, 2008 10:33 pm
As i have posted before melanie , things have gone wrong from month one really car blew up and needed to get new one although got one on ebay,fridge freezer, and then we were offered a new council home in month 3 after we had been waiting 2 years to move due to us suffering anti social behaveiour.We had to hire van for removal. Our ip advised to pay our normal monthly payment plus he divided the arrears over the 8 months left till our review and added that to our normal monthly payment.With everthing going up it isnt helping at the moment so not sure what will happen .
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 17, 2008 10:39 pm
Ok - I now remember your earlier posts. As your IVA is quite recent, does your IP have the ability to reduce your payments by up to 15% and allow you to pay the arrears over an extended sixth year? It is worth checking the documents, and if there is this provision it might be worth invoking it to provide a more affordable budget. If not, and you really believe that you will not be able to pay, then you should ask your IP to put forward a variation explaining the issues which have led to your difficulties.
Regards, Melanie Giles, Insolvency Practitioner
 
 

rachellxx39

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Post by rachellxx39 » Tue Jun 17, 2008 10:42 pm
Thanks very much for your reply melanie, i will ring ip back tomorrow.Just feel a bit down that things have started out like this ,everything seems to have gone wrong all at once .
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 17, 2008 10:43 pm
But none of it your fault Rachel - if I were your IP I would consider allowing a payment break of a couple of months just to get you back on track - and it would be better to tag these onto the end of the IVA rather than adding to your difficulties by insisting that you pay more over the next few months.
Regards, Melanie Giles, Insolvency Practitioner
 
 

rachellxx39

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Post by rachellxx39 » Tue Jun 17, 2008 10:51 pm
Our ip is ALEX TWICHEN at Clearstart.Should i suggest the payment break and see what he says .
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 17, 2008 10:53 pm
Why not - he can only say no, but if he is too inflexible he runs the risk that the IVA will fail and no-one will get paid.
Regards, Melanie Giles, Insolvency Practitioner
 
 

rachellxx39

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Post by rachellxx39 » Tue Jun 17, 2008 10:55 pm
Thanks very much for your advice as always Melanie, dont know what we would do without you!!!!! . I will ring him tomorrow and see what he says .
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