www.iva.co.uk

hi i am in an iva andi have had my second year review and i have been advised i have to pay an additional £520 due to the fact i got paid twice in one month.
i rec'd a payment of £1700 on 3rd dec, and another £1700 on the 21st of december the second payment was from the new company i worked for and was paid in early due to xmas the 3rd dec payment was living costs for dec the other payment would have been to cover me during january, i then did not get paid again till 31st january, so i never really rec'd any extra other than a weeks worth of pay for holiday untaken with the old job.
also where i have changed jobs although i have had a payrise i am no better off as my petrol payments have doubled and also had an increase in rent , etc along with the additional costs of everything over the past year for all amenities, clothes food etc, is this not taken into account when taking out an iva, i have advised my IP of the new payments i am having to make does this automatically get taken into account going forward or does this have to be approved by the creditors as i do nt want to then have to pay back any additional monies seeing that i am actually worse off, even though i have moved jobs, (this was done for personal health reasons, due to stress problems with the old job)
i am due to speak to my IP (blair endersby) in next couple of days, but would like some helpful advice.
thank you

Hi tonic,

I think when you clarify the position they will see that there has not been additional pay.

Even if there had been usually they will agree to a phased payment.

With regard to the future prepare an updated income and expenditure statement and have that before you when you talk with.

If there is not a material downward change in the monthly payments then it is unlikely that the supervisor will need to approach the creditors

All the best alan

www.debtdr.co.uk

This needs to be battled out with your IP - and if I were acting for you it would be unlikely that I would be seeking any additional payments.

thank you for your assistance i will speak to my ip in the first instance and hopefully they will be as understanding as you sound.
cheers

hi again anyone, i have been speaking to blair this morning and they are not taking into account the payments of my salary, and are still stating i have to pay the additional monies to them, i have to put it in writing, to try to prove to them that i did not recieve an additional salary.
i am at this point thinking to just go bankrupt, should i consider this, i do not want to but feel out of principal i should just pack up my job, just so they don't get extra that i think they do not deserve.
please help if you can

surely they will look at the evidence before thier eyes via your pay slips.Mosy of us will have got paid 'twice' or 'early' for xmas.Then have to wait 6 and sometimes 7 weeks before end of January pay.It doesn't make sense at all.Good luck

This is Blair Endersby we are talking about whom I am with and they do not listen to a word you say. I have been trying to get copies of my Terms and Conditions for the last 4 months plus a settlement figure and it just does not happen. However when they are after money I always manage to get someone straightaway

hi also has anyone heard of the iva council based in bournemouth as they have sent out a letter to my other half, about investigating mis selling iva's and asking her to provide details, she is with blair endersby as well and that is what they are investigating.
i am going to try to speak to them as with my own personal case i had personal debt of £100k and although i said i would prefer to go through an iva they did not really mention bankruptcy which i believe now in my case would have been for the better.
????

Hi

There are many threads on this forum about the IVA Council- the general consensus being not to touch them with a bargepole.

The latest one is here.

http://www.iva.co.uk/forum/topic.asp?TOPIC_ID=10579

You are being targeted I'm afraid.

Ian

if i believe i was mis sold my iva is there anyone that can review it to see if i should have been advised on bankruptcy as my iva costs to blair endersby is £9900, and then asking for extra money without reviewing the facts ie telling me because i had 2 pays in one month i have to pay extra !!

Can I just add that as with many of the bigger practices you often only get any sense by getting hold of the actual Supervisor, as opposed to one of the staff members.

Send the Supervisor an e-mail. Their addresses are publically available at www.insolvency.gov.uk

Select Find an IP, type Blair Endersby in the firm name and hey presto the e-mail addresses of the IPs are there.

Ian

To answer your latest post, there is no mechanism whereby you can either recover costs paid to the IP or claim compensation. It is primarily a disciplinary matter.

If you elect to go bankrupt then the conduct of the IP could be considered by the OR. If the IP has not claimed fees in accordance with the proposal then theoretically he could recover some money but that will form part of the bankruptcy estate.

I conclude your IVA to be now 2 years old at least. If that's the case, unless you are paying well over the odds you have to ask the question as whether you would benefit in any way by collapsing it now and going bankrupt.

Ian

i am reading a lot of stories, that the fees are taken in the first 2 years and then if you have problems after that the company does not seem to want to help in any way as they have had their money and don't give a monkeys how are these companies regulated and who do you complain to so that an investigation can take place ??

Basically most of these companies are registered under the Consumer Credit Act (The OFT). However, the principle regulation is undertaken by the IPs Regulatory Body as the IP license is Personal to him or her.

It strikes me that you are being given some heavy handed treatment by some jobsworth who is fairly low down in the food chain who may well get hauled over the coals if the IP found out about it. You must make your concerns known to the IP as if you make a complaint to the Licensing Body it will be against the IP personally.

There are innumerable examples on this forum of what seemed to be insurmountable problems getting sorted simply by getting hold of the organ-grinder. You should not give up on your IVA, until you are satisfied that it won't work.*

Ian
* PS - Certainly do not rely entirely on the advice of some unregulated outfit who wants you to pay them £1000 to help you do a job you could yourself do for nothing. If you need someone to help in your negotiations with your IP, there are plenty of people here who will assist, but you need to formally instruct them.

Can I just say that if you were to go BR now you would most likely end up paying into an Income Payments Agreement (IPA) for 3 years. This doesn't start from the date of your BR but when the IPA is set up, usually a few months after the BR date. This could mean that you will still be making payments after your IVA would have ended. Also, your credit rating will be ruined for a further 6 years from the date of the BR order.

I'm not trying to influence you either way, but this is something to think about.