Told a variation meeting could not be cancelled

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Trind

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Post by Trind » Wed Nov 03, 2010 1:47 pm
I will clear the agreed sum to clear IVA next month, when the 60 months have been completed. I had advised my IP to call a variation meeting with the creditors 20 months ago to offer a full and final settlement. Due to a family bereavement the funds were suddenly no longer available to me and i had no option other than continue with the monthly payments. I was told the variation meeting could not be cancelled, even given the 3 weeks notice given. They accepted my (withdrawn) offer of lower return in the ££, although probably by poxy vote. I need to clarify if the IP will charge me extra for this variation meeting, and if so whether they will simply take it out of their annual fee or slightly reduce the payment to creditors to take it into account. I have not been notified of any extra charges that will be incurred by the IP.
 
 

liamjames

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Post by liamjames » Wed Nov 03, 2010 2:00 pm
Hi Trind,

That is bizarre advice - of course a variation meeting can be cancelled. At the very least your IP could reject the proposal on the basis that it was no longer appropriate.

If there were additional fees as a result of this variation then they would be fees of the IVA, and normally payable from your contributions in the same way that the other fees are. They would therefore have been stated fully in the variation and reflected in the figures supplied to you and your creditors.

You need to speak to your IP about this urgently so that you know what is required - whether it is the original terms or the accepted variation terms.

Take care,

Liam
Take care,

Liam James
Varden Nuttall
http://www.vardennuttall.co.uk

Read our reviews here: http://www.iva.com/iva_companies/Varden_Nuttall.asp
 
 

MelanieGiles

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Post by MelanieGiles » Wed Nov 03, 2010 10:38 pm
If you asked for the meeting to be called, then it is right for the IP to be paid for the additional work carried out, so long as you agreed to meet these fees in the first place and that they were agreed by creditors.
Regards, Melanie Giles, Insolvency Practitioner
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