4 months in hospital. Family homeless due to house flooded 4 times. IVA failure threatened. Help!

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choccy

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Post by choccy » Tue Jul 24, 2012 2:48 pm
My IVA is looking likely it will fail now. :-(

Having nitemare year - 4 months in hospital and then two weeks ago a collapsed sewer / storm drain flooded my house 4 times leaving my family homeless now and in a hotel whilst we try to find alternative accomodation for the next 6 months minimum.

I have highlited my issues on here before and my IP is giving me until Thursday to sort everything out but I just don't have the time right now do concentrate on this stuff as i'm running around trying to find alternative houses and my work is suffering as a result.

My IP is still insistant I cancel my pension, the one I don't even contribute to and to give them all the money instead despite my employers writing clearly that I do not pay a penny of my pension.

They still are demanding an additional 6k from me and they want a propsal by Thursday at the latest or they will fail my IVA 3 months short of me making 4 years.

I'm very stressed out at the moment and this is not helping. Despite me pulled all over the place at the moment,I just tried to call the IP again sacrificing my work and they are out at lunch.

I just do not have any time at the moment to deal with and I have still not been satisfied with their responses.

Short of time and totally out of my depth here, what do I do?
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Shining

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Post by Shining » Tue Jul 24, 2012 2:53 pm
You've had a rough time that is a fact.

Who is your IP? do you talk direct to him/her or one of the staff? Might be worth a telephone meeting direct with IP to go through things?

Where to live has to be a priority to get a roof over your head. Your health of course is equally important.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Tina Shortland

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Post by Tina Shortland » Tue Jul 24, 2012 2:59 pm
Hi Choccy sorry to read what a complete nightmare you have been having. It would a terrible shame for your IVA to fail when you are nearly at 4 years, and none of the issues are through your own doing. Can you not get a payment break while you sort things out to give you a bit of head space. I do not see why the pension is being called on if there is no residual value in it and you are not contributing to it.

Does the company you are with post on here - if so it might be worth contacting them through here if you haven't done so already as issues seem t get picked up and resolved quickly on here.

Either way keep us posted how you are getting on and as lesley says push to speak to your IP when they are available (even IPs are allowed out for lunch!).
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.

If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com

If you’re ready to ask us for specific advice or help, then get in touch at www.call-me.debtadvicetv.com so you can start to free yourself from the stress and anxiety of overwhelming debt.
 
 

choccy

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Post by choccy » Tue Jul 24, 2012 3:32 pm
Hi.

I sent an email today listing my proposal to extend for a full year & so raising an additional 4k & if my csa stops will offer more. I can't see what more I can offer. This would more than pay any amounts so I can only hope they will agree this is fair. I've also asked them to clarify before I call them Thursday that the pension matter is no longer an issue.

I'm so stressed out now
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Shining

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Post by Shining » Tue Jul 24, 2012 4:25 pm
I can imagine you are stressed. I hope they accept your realistic offer and finally put the pension matter to bed.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Niobe

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Post by Niobe » Tue Jul 24, 2012 4:34 pm
I thought I was having a bad year but mine's nothing compared with yours. So sorry to hear of all of your problems.

They are being totally silly about your pension aren't they? I wonder why they can't get it into their heads that you're not contributing towards it.

I hope you get this sorted out and that you get a new house sorted soon.
 
 

GilliB

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Post by GilliB » Tue Jul 24, 2012 6:11 pm
Hi choccy. So sorry to hear you were in hospital so long, and sincerely hope you are in better health. Have the council not been able to assist you with housing if you have children/health issues? Can't believe pension issues still not resolved - have you made a formal complaint? I know there's an awful lot on your plate, but it just seems that is uan unsatisfactory approach to your IVA which is adding to your stress - especially if you are being threatened with failure. I can only hope everything takes an upward turn for you and your family. X
IVA journey started: 30th March 2009. Settled: 17th July 2012. Completion Certificate received: 13th March 2013. Breathe. x
 
 

choccy

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Post by choccy » Tue Jul 24, 2012 9:04 pm
Thanks Guys, myself and insurers been looking at loads of houses but all struggling with 6 month rent and having pets on top also a problem. Everyone is totally stressed out and really affected by this, living in a hotel for 2 weeks now and its not fun and all the uninsured loses quickly build up.

Hopefully some better news Thursday but I really doubt I will get anywhere anymore. :-(
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MelanieGiles

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Post by MelanieGiles » Tue Jul 24, 2012 11:41 pm
Which IP firm are you with choccy?
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choccy

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Post by choccy » Wed Jul 25, 2012 9:40 am
Ideal Debt Solutions.

Below is a list of recent correspondence with me trying to do all I can to sort out but feel no support from them at all. Am I doing something wrong here??

Email correspondence below

J,

I’m currently out of the office but as mentioned before I have spoken to an IVA expert who has raised concern at how my account has been handled by IDS since pretty much day one from the information I have given them, from lost documentation, failure to act on emails I sent at yearly review and alarmingly how only recently you have raised these issues re income when this should have been picked up at each year end and reviewed and discussed and this has clearly not happened from IDS and they have advised I have every right to make a formal complaint which I am trying my best not to do.

They also advised that with me being close to my 4 year stage, the fact IDS are apparently so willing to try and terminate my IVA is again very alarming when IDS should be doing everything to make this work in the interests of everyone, which doesn’t appear to be the case.

Maybe I should have done more research on the company before doing an IVA as I chose the first one that approached me.

I have seen visual evidence of other IP’s being very supportive and communicative to their clients and this clearly has not been the case.

I would like to know why any issues with income etc has not been picked up and raised from day one as this clearly has been a serious issue on IDS part.

I will not accept a termination and have every right to take this matter further if we cannot reach a satisfactory outcome.

I have offered a proposal but again, you have come back simply saying you will terminate.

No offers to work with me to work out how and where I can make up any shortfall and have not even mentioned my offer to extend for a full year which raises an additional £4k with that leaving a balance of around perhaps £2k roughly looking at your figures quickly.

Therefore from looking at this, for the sake of around £2k which is not a lot of money considering which I would be able to make up, the attitude is quite shocking and the lack of constructive help is a very big let down to me.

Re arrears – the CSA issue covers the arrears of the CSA issue therefore that pretty much cancels that out give or take a few pounds either way.

The balance of the areas you mentioned £6k approx., as stated before if I increase my IVA by a year raises an additional £4k approx. leaving a relatively small balance which I can arrange to clear.

Please provide me with something constructive so I can work this out. The spreadsheet you provided does not show a list of payments I have made so far which is what I requested, so again the process is delayed for me in trying to work things out.

I feel given the circumstances I have found myself in this year that I am doing everything I can from my side to make this work as do others and my creditors at this stage would not want my IVA to fail at this stage so it is in the best interests of everyone that this succeeds unless IDS clearly get their fee no matter what in which case I can see why you are so happy to terminate this unjustly.

I await a spreadsheet of all my payments shown per year so I can view tonight prior to our telephone conversation tomorrow.

Regards

Paul.

From: J
Sent: 24 July 2012 15:37
To: Paul
Subject: RE: ADR/JLW/101052

Dear Paul,

Thank you for your email below.

Child Support Agency

The letter that I received confirmed your payments each month along with the additional amount of £1,051.00 that had been taken in addition to your monthly payments. This unfortunately does not equate to your contribution arrears to date.

Pension

I can confirm that this has been resolved and you do not pay into the pension scheme yourself.

Additional Income

The information that is used to work out your additional income is not based on anything but your income earned during the year. Your P60 will not reflect any expenses you receive back in your wages the next month, as I understand these are not taxable. As previously advised your additional income is as follows and once again this is as a result of the annual information not being provided.

During the period of October 2008 and September 2009 you were expected to earn £16,434 (for the first 11 months of the IVA) you actually earned £20,384.89. You therefore have earned additional income of £3,950.89. Accordingly, 50% (£1,975.45) of this is to be introduced to the Arrangement for the benefit of your creditors.

During the period of October 2009 and September 2010 you were expected to earn £19,422.00 (during the 2nd year of the IVA) you actually earned £23,901.35. You therefore have earned additional income of £4,479.35. Accordingly, 50% (£2,239.68) of this is to be introduced to the Arrangement for the benefit of your creditors.

During the period of October 2010 and October 2011 you were expected to earn £16,434 (during the 3rd year of the IVA) you actually earned £24,343.29. You therefore have earned additional income of £4,921.21. Accordingly, 50% (£2,460.65) of this is to be introduced to the Arrangement for the benefit of your creditors.
Please note that your CSA overpayment of £1,051.00 can be deducted from this overall additional income, but the rest must be accounted for or introduced to the Arrangement, as previously advised.

Income and Expenditure

I have attached your income and expenditure review for you. Following the review it appears that you are able to increase your payments to £264.00 per month.

As previously advised, as you have a formal agreement with your ex-partner through the CSA everything associated with your daughter’s needs are taken into account when the maintenance payments are calculated. Accordingly, no further informal allowances can be made.

If you need to pay do pay additional costs over and above your CSA payments I will require reasons for this along with confirmation that the CSA have not taken these costs into account when calculating your maintenance payments.
Proposals for Breaches

You have noted that your CSA payments will cease in the near future, as a result of this your monthly contribution will increase by 50% of the surplus funds in accordance with your Arrangement terms and therefore you will not be able to offer these funds in full to your creditors as means to clear your arrears. I would refer you to your Terms and Conditions, Proposal, Chairman’s Report and the Annual Reports issued to you to date.

As previously stated due to the severity of your breaches and the fact that the previously issued Notice of Breaches have expired without action to date, means that should I not receive an adequate proposal to address your current breaches by close of business on Thursday I will have no alternative but to deem your Arrangement as Terminated.

The Supervisor has used discretion as much as possible, the breach needs to be responded to accordingly now without any further extensions to provide the required information.

I trust that this now answers your queries mentioned below. Please note that I will be leaving the office by 5pm on Thursday and I would therefore require confirmation of when you would require a call prior to Thursday morning so that I am able to organise my time accordingly.

Kind regards

J





From: Paul
Sent: 24 July 2012 14:54
To: J
Subject: RE: ADR/JLW/101052

J,

I did try calling earlier. Unfortunately I have no more time left today.

The CSA thing confirms the arrears as far as I was concerned re the previous breach as it was their fault and that will eventually be the equivelant ( I believe) for the amounts I couldn’t pay due to them messing me around for so long before.

Until I find accomodation I do not know the situation fully but the insurers should at least cover some of the cost’s however there is already a number of costs building up which are not covered which I we will have to deal with at a later stage once we have found accomodation. Wherever we go we are responsible for the bills / tax etc we don’t get a free ride, which a lot of people assume happens.

It is now beyond stressful sadly and the affects it is having on my parents is especially visable.

I would like confirmation prior to Thursday that this pension issue which should never have been an issue has been settled. Clearly I do not pay any pension so impossible to give you zero of zero.

I still do not understand your workings out re all this additional income and until I receive a better understanding from when we talk, my Payroll team can’t not be more specific or of help to me. The p60 includes my company benefits which are taxable not just my annaul salary as you have my wage slips each year you can see what I take home.

Biggest changes have been with CSA issues throughout at various times and various travelling expenses / cost’s.

I did recall providing in one of my last emails my affordability list as you requested and very quickly dismissed so it’s very hard to come up with solutions if I am being shot down at each stage. I mentioned the best course is to increase my IVA by a full year. As I am going to be paying a little less to the CSA each month now as they are reimbursing the arrear amounts caused by them, this puts that part out of the way in my view. This would then give me a full year to pay additional into my IVA which equals an extra year with a minimum of £3,912 towards these extra arrears you are mentioning that exist.

I’m not sure what more I can do today to add anything further until I speak to you Thursday, but that would seem to be a reasonable solution and if I’m lucky enough that the child support payments stop in a years time (which they should) then I will happily offer more into my IVA for that extra 1 year which would more than cover everything outstanding.

I think this is a fair and reasonable solution that takes care of any issues as this would cover additional amounts, so a logical proposal would be:

Original IVA £276 x 60 = £16,560 + I year additonal at minimum - £3,912 = £20,472.00 – Would this not be satisfactory?

Current payments now till end of year 5 = £326.00 x 3(m) + year 5 @ £3,912.00 – which sould get me back to the original agreed IVA figure + additional year with minimum of £3,912.00 being paid = £20,472.00 minimum paid into my IVA.

I trust this solution is satisfactory and if you have a list of payments I have made each month from the start available that would also be welcomed to have a copy of so that I can go over my calculations etc.

It appears our meeting rooms no longer have workable telephone lines so if possible I may need you to ring me on my mobile on Thursday so we can discuss everything, if I havn’t found a long rope by then.

I will confirm on Thursday best time and number to call.


Regards

Paul.

From: J Sent: 24 July 2012 14:14
To: Paul Todd
Subject: RE: ADR/JLW/101052

Dear Paul,

Please ensure that when I speak to you I will have received your proposals with regards to your additional income and contributions arrears in full beforehand.

As previously requested I will require further details regarding your CSA payments affecting your ability to make your payments. At the moment you have only provided confirmation that an additional £1,051.00 extra has been taken.

Please confirm whether or not your insurance company is paying for your alternative accommodation whilst the house repairs are being conducted, and whether or not they will replace your household goods as well. I would suggest everything you have to support your current circumstances is forwarded to me by the close of business on Thursday.

I understand that this is a stressful time for you. However, I look forward to receiving the outstanding documents imminently.
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iamfubb2

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Post by iamfubb2 » Wed Jul 25, 2012 12:03 pm
Seems like you have been let down totally, and the IDS team are trying to pass the buck and fail the IVA. Start the process of a formal complaint against the pr*#&s and see if that gets anything moving.

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MelanieGiles

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Post by MelanieGiles » Wed Jul 25, 2012 12:32 pm
I don't read the correspondence that way. The IP clearly has issues which they are trying to resolve with choccy before they can consider presenting proposals to creditors. From the last communication, it appears that the IP is willing to hear the arguments and present proposals, and the suggested extension of time taking account of the circumstances which have led to this does appear to be reasonable, and most likely acceptable to creditors.

Why not try and get a face to face meeting with your IP to see if you can put this to bed once and for all - but do respect their need for information and provide this as quickly as you can.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Tina Shortland

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Post by Tina Shortland » Wed Jul 25, 2012 12:38 pm
Hi Choccy - I do hope you can get this resolved so that everyone is satisfied with the outcome. In reading your correspondence you raise a very good point for other who are considering an IVA to research companies carefully beforehand and to speak with 2 or 3, not just go with the first one you speak to as many things can vary.

Hindsight is wonderful thing so hopefully yours will at least help others, and for you, I hope you and your IP can work together to get this matter resolved.
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.

If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com

If you’re ready to ask us for specific advice or help, then get in touch at www.call-me.debtadvicetv.com so you can start to free yourself from the stress and anxiety of overwhelming debt.
 
 

choccy

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Post by choccy » Wed Jul 25, 2012 3:31 pm
Hi guys

They are based in bolton whereas I'm in london. Face to face may be difficult at this stage but I have offered a proposal as per my email above and can't see what more I can do. They have been very poor with giving me exact figures & a full list of what has been paid so far so I can work things out better.

Its very frustrating & made worse by the fact I now have to move hotels again tomorrow which causes me problems in calling them again. Will do all I can to sort out tomorrow.
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choccy

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Post by choccy » Wed Jul 25, 2012 3:34 pm
One more thing.

Their last email says I can increase payments to 264 yet I pay 276 & always have done & now paying 320 so how can I trust them when their own figures appear wrong.
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