are supervisers independent?

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handyman

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Post by handyman » Tue Jan 23, 2007 11:28 am
Hello, I'm one year down the line of an IVA.I have had a pay rise and my superviser is already gunning for a share of it. I have also had increases in living costs in the past year is this also taken into account?
Also are supervisers independent. Mine seems to come down on the side of the bank all the time.
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Oliver

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Post by Oliver » Tue Jan 23, 2007 11:38 am
Hello Handyman

If your pay increases during the term of the IVA then this will usually mean that your IVA payment will have to increase in turn, however, any increase in expenditure needed for the job should be taken into account by your IP

IPs are independent to the creditors but they are duty bound to act on both your behalf and on behalf of your creditors.



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Oliver

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Oliver
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jan 23, 2007 12:29 pm
The duty of the Supervisor lies mainly towards your creditors to ensure that they receive the maximum repayment you can possibly make, and that you fully comply with the terms of your arrangement. However they must be mindful to take into account increases in your expenditure as well as increases in your salary - but double check the wording of your proposal and Chairman's Report to ensure that you understand the specific requirements in your case.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
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mb2

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Post by mb2 » Fri May 04, 2007 3:00 pm
handyman wrote:

Hello, I'm one year down the line of an IVA.I have had a pay rise and my superviser is already gunning for a share of it. I have also had increases in living costs in the past year is this also taken into account?
Also are supervisers independent. Mine seems to come down on the side of the bank all the time.
Regards
I think I would have asked a different question. My wife's nominee and supervisor are from the same IP. The nominee gerrymandered my wife's income and expenditure statement to meet the requirement of the IVA rather that use her actuals. The supervisor is now questioning her review figures as they do not reconcile to the bank statements. My experience of the same IVA is similar as the figures put forward by the IP meant that the proposal failed, I had to fight tooth and nail to get them changed. There were still inaccuracies but as one feels under immense pressue, realistically you just want to sign and get protection from creditors.

Is there any thing that we can do now that we are in an IVA. I realise that it is our ultimate responsibility but surely there is a huge conflict of interest when the nominee and supervisor are one and the same.
 
 

MelanieGiles

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Post by MelanieGiles » Fri May 04, 2007 3:53 pm
Well that is unusual in itself - as the Nominee and the Supervisor are usually the same person! Which firm is your wife using?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
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mb2

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Post by mb2 » Fri May 04, 2007 4:10 pm
MelanieGiles wrote:

Well that is unusual in itself - as the Nominee and the Supervisor are usually the same person! Which firm is your wife using?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
You are right Melanie they are one and the same. They claim that debt matters although I am not sure if it is fair to name & shame! It seems me that if this is indicative of larger firms, then then have sales people preparing the nominations on behalf of the IP and perhaps more professional staff in a supervisory roles for the same IP.

The IP has tried to fob off my wife with a throw away line about admin errors but I/we can demonstrate in both of our proposals that the IP basically was not only making the income & expenditure statement up but the written statements in parts were a work of fiction.
 
 

MelanieGiles

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Post by MelanieGiles » Fri May 04, 2007 5:48 pm
Well, mb2, the IP is the IP and he/she is ultimately responsible for the lot and the buck stops with us. It is fairly churlish to blame errors on staffing, when putting together an IVA proposal for a client requires careful and diligent working by the IP themselves. After all we are fairly well paid for the work by both the debtor and the creditors!

Why on earth were you letting the IP make up figures for you that you were going to have to live your lives by for the next five years? These larger firms, who work under a sausage machine mentality, have a lot to answer for.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

mb2

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Post by mb2 » Fri May 04, 2007 8:33 pm
MelanieGiles wrote:

Well, mb2, the IP is the IP and he/she is ultimately responsible for the lot and the buck stops with us. It is fairly churlish to blame errors on staffing, when putting together an IVA proposal for a client requires careful and diligent working by the IP themselves. After all we are fairly well paid for the work by both the debtor and the creditors!

Why on earth were you letting the IP make up figures for you that you were going to have to live your lives by for the next five years? These larger firms, who work under a sausage machine mentality, have a lot to answer for.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
I resisted the changes and with the creditors meeting looming signed. The initial proposal failed. With the redraft, I would not sign until the paperwork was 95% plus there. You have to remember that me anyway, was particularly sensitive as I wanted the creditors to back off, the IP to do their job and the creditors (& myself) to get a fair deal. This happened but I am still concerned with the cavalier approach of the IP. All in all a lesson learned but presumably I can't swop IPs a year in? Can I?
 
 

MelanieGiles

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Post by MelanieGiles » Fri May 04, 2007 11:27 pm
No you cannot change IP's and this is a warning to all of our members thinking of entering into IVA proceedings.

DO NOT LET ANYONE PUT FORWARD AN IVA WITH FIGURES OR TEXT THAT IS NOT CORRECT. The IVA is your document, and it is you who will be held liable if there are any errors. I do appreciate the pressure that all of you are suffering from, but please try and use firms that actually care about representing YOU, and ensuring that a sustainable offer is made to your creditors.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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