My IVA was due to finish in August due to a variance I have agreed another 12 months to clear the arrears, this was to be arranged in March, today I received a text message saying I was in arrears, I have contacted them & they haven't contacted the creditors yet as they lost the paperwork but have now found it, also 4 creditors have not claimed the amount owed, if we do not pay them I would not be in arrears, so the question is if they contact the creditors & 4 of them still do not claim the amount owed would we have to pay for another 12 months
Your IP is duty bound to seek out and agree creditor claims, so I am a bit surprised this is still outstanding in what should be your final year. Clearly this needs bottoming out before you even consider a variation or an extension of term.
I am with Leonard Curtis, they have also told me I am on a non protocol iva as I entered my iva before that was introduced, I started my Iva in October 2008 which I believe the protocol was bought in before this, I went into the iva being very naive but someone contacted me & we were getting behind on bills as I had very unexpectedly fallen pregnant, there are 4 creditors who have not claimed yet & they are the biggest lumps of the outstanding debt & the biggest firms so I would assume if they haven't claimed yet they won't or perhaps they are waiting for the pot to get bigger so they can take the full amount, I just don't know
You need to go back to your IP to ensure these claims are made otherwise it could affect your variationand hold up the successful completion of your case, which if you have read other posts, can cause a lot of stress and upset if it takes too long. Hopefully Leonard Curtis will resolve this for you and get your IVA back on track so as the arrears can be properly addressed.
Many people choose to go with the first company that contacts them when they are struggling, so dont be hard on yourself for being naive, you were not to know. Thankfully forums like this and there being more information available now, people feel able to do their homework more on who to go with, which minimises problems later down the line. Your IP is duty bound in their responsibilities for you and the IVA so make sure they are doing what they should be.
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.
Thank you for the replies, I have asked LC on numerous occasions why these people haven't claimed & what are they doing about it but I don't seem to get a straight forward answer, they sent me a text yesterday saying I was behind on my payments & a letter saying I was in breech of my iva & they were filing for bankruptcy if I didn't contact them & resolve it in 28 days, which was an error as they had mislaid all the paperwork, I just feel that they are dragging their feet & trying to get as much money out of us as possible, just not sure where to go from here as they don't seem to be answering my questions about the outstanding creditors
The advent of the protocol, and the fact that this was after you entered into your IVA, has absolutely no effect on why your IP still has outstanding creditor claims some four years in. I suggest that you arrange a meeting directly with the IP acting for you, so that this matter can be resolved and you be given a firm timescale for progressing your case to closure.
Unfortunately I can't meet them as they are too far away I have emailed them but they are ignoring my emails, I have also rang them & they say they will get back to me but no one rings back, I am thinking of cancelling my dd after the 60 months are up & wait for them to contact me then as I feel that I will be over paying for a year if the 4 creditors do not claim
