I missed a payment in June, as due to being unemployed really couldn't afford it that month, I spoke to my IVA people and explained that to them, I made a full payment last month, but this month I'm in the same situation as i was in June, due to having to pay for CRB checks for the jobs in my industry, my question is this:
I'm aware that 3 consecutive missed payments leads to a breach notice being sent out, would this apply to me as i've paid 44 consecutive months, missed 1 month, made 1 month and am now going to miss 1 month? (maybe 2 if the start date for my new job is correct)
I would not be concerned as your IP is fully aware of what you are doing. If there is a breach of the terms your IP may have to seek permission from creditors to allow a longer break but a couple of months here and there after four years is incidental.
Your IP will probably make creditors aware of the arrears and the steps he/she has taken at your upcoming review. Creditors then have the option of complaining if they do not agree with the actions of the IP but this is a remote possibility as you have done nothing wrong. Keep your IP in the loop at all times and you will be fine.
You are trying your best to resolve your situation. Keep in touch with your IP who can discuss with you the best way to catch up with the missed payments and that unless anything else of a more urgent nature happens in the meantime, that the matter will be noted in your next annual report about the difficulties you have had and the conclusion reached to resolved.
Kind regards,
Angela Rosler
Insolvency Manager
Helping people with their debt problems for nearly 10 years.
Contact me directly for free, impartial, confidential help and guidance.
don't worry as long as you keep the IP Informed you should be OK.
I think that it is in breach when you miss payments 3 on the bounce without informing your IP into the reason for it.
Hi Lofty and welcome to the forum, good luck with this matter i hope it resolves itself are you sure you want to come back to the slog, tired feet, mashed head etc!!!! Well done on getting this far into your IVA i wish you well for the remainder of it.
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.
Grr - have just had someone from my IVA call me up to ask me about payment AFTER I informed them 2 weeks ago that my August payment would be missed due to the circumstances above, AND i've also been informed that 3 missed payments ANYWHERE within the terms of the IVA period would constitute a breach being sent out, which was not what they told me when i spoke to them about missing payments in June, I'm getting a bit tired of telling them the same things over and over again.
And to top it off, an email was supposedly sent to me asking for a payment this month and funnily enough that was never received (I have a specific email account for dealing with Nuttalls)
Three payments may well constitute a technical breach but your IP can make creditors aware of what is happening with an explanation. Creditors rarely object and if one does the IP can call a full meeting of creditors to obtain sanction. This does seem unnecessary as your IVA is nearly over and just needs 'nursed' to the finishing line[if you pardon the pun].
It may be that one hand does not know what the other is doing so an email directly to your IP should sort this out. Let us know.
My proposition (it might be the silliest of propositions) is just to add the 2 missed payments months to the end of my term, so rather than finishing next October, i'll be finishing in December
