Have the way IP's carry out reviews changed?

Get expert opinion. This is the place for new questions to be posted.
8 posts Page 1 of 1
 
 

super_salmon

User avatar
Posts: 6
Joined: Thu Nov 14, 2013 1:44 pm
Location: United Kingdom

Post by super_salmon » Thu Nov 14, 2013 2:15 pm
I entered my IVA in July of 2009 and have had my (hopefully) final review carried out. My IVA has recently been taken over from a relatively small company to a major one. My monthly payments have increased by more than 50% (I wish my salary had increased by that much)... I was originally paying £507/month. When I took out the IVA, I was single and therefore the debt was all mine. Since being in the IVA, I've met someone and was advised that his salary would not be taken into account when carrying out future reviews but that he would be expected to contribute towards half of the household bills thereby freeing more of my disposable income for the IVA pot. My final review, they have included my partner's salary and have worked out the disposable income on the total of our two salaries, which I believe is incorrect and unfair. I have tried to contact my ISP to no avail... emails, phone calls, etc. and I just can't get through to them my issue. I am still making monthly payments but at a reduced rate based on my original I&E but putting any surplus aside incase they insist that their calculations are correct. Any advice you can give I'd very much appreciate.
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Thu Nov 14, 2013 3:46 pm
Your IP cannot take money from your partner. Speak to them directly as the IVA payments can only be based on your income and surplus. If you cannot get to speak directly to your IP for an explanation you should at least speak to someone senior as this sounds wrong.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

MerlinL14

User avatar
Posts: 1626
Joined: Sun Oct 30, 2011 2:44 pm
Location:

Post by MerlinL14 » Thu Nov 14, 2013 6:00 pm
Recall the direct debit or stop the next payment, they will be quick enough to contact you then!
That was not serious advice, just too close to the truth.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
 
 

super_salmon

User avatar
Posts: 6
Joined: Thu Nov 14, 2013 1:44 pm
Location: United Kingdom

Post by super_salmon » Fri Nov 15, 2013 1:42 am
Michael, I would love to speak to someone and discuss this but I've been trying since the end of August... I don't seem to be able to reach a resolution by phone and when I email I get the standard, "we're sorry you feel like this. Please contact us to discuss your options" :(
 
 

The Major

User avatar
Posts: 212
Joined: Fri Jun 06, 2008 12:55 pm
Location:

Post by The Major » Fri Nov 15, 2013 8:13 am
Hi There

Your partners income is of no business whatsoever to your creditors or your IP, I am surprised your partner would divulge such private information, However it is true to say the creditors would expect that anyone in the same household working would contribute towards the living costs and if that contribution is 50% then the creditors are fortunate that you are receiving a contribution towards costs freeing up income to pay your debts. If your partner is paying more than this by combining both salaries then your partner is in fact is paying something towards your debts and now seems part of your IVA. By the way is your IP by way of fees taking 15% of realisations?
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Fri Nov 15, 2013 9:41 am
It may be best to make a complaint using the company's internal procedures. As the Major said, your partner has no obligation to provide anything and you both should not be punished for trying your best. I am sure you should be able to get this resolved as you do have the ability to escalate this even the whole way to court.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

super_salmon

User avatar
Posts: 6
Joined: Thu Nov 14, 2013 1:44 pm
Location: United Kingdom

Post by super_salmon » Fri Nov 15, 2013 10:36 am
I really do appreciate all of your comments. After numerous emails to my IP I received a letter from them this morning stating... "I refer to additional information you have provided regarding your income and expenditure review. I should confirm that your current surplus income has not increased therefore you should continue to make payments at the previously agreed £503.00 per month."
RESULT - I am going to frame this letter :)
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Fri Nov 15, 2013 11:19 am
Great news and while I would like to think that our advice helped it is likely just a coincidence since you only posted yesterday! But at least we were right.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
8 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”