It's all gone wrong :(

[joesmum09]

Hi everyone. I think I need to let out what a mess we are in and get some advice along the way. I'm so sorry for a long post but Everything has just gone wrong

Our IVA was accepted in April 2010 and since then things have just gone from bad to worse. Here's the story so far:

July 2010: husband looses job (joint IVA). Gets a new job but pay is significantly lower.

2011 - can't keep struggling any more. IP reduce payments to help us out.

2012 - baby number 2! What a surprise. I take maternity leave. No payment break allowed
Husband looses job for 2nd time. No payment break allowed.
3 yr old son diagnosed with autism and severe learning disability. MRI shows brain damage from birth. Will need specialist school miles away next yr.
Husband gets new job but still on £400 month less than when we started out.

2013 - to care for my son with special needs, and to be able to get him to and from special school AND because nursery fees would cost more than I earn I finish work. I can only claim carers allowance at £59.75 per week

IP knows we are struggling and now takes sons DLA money as income and isn't offset against his expenses (special nappies, speech therapy etc, transport to school)

We get mortgage reduced to interest only for 6 months to help out. Still struggling. In arrears to secured loan and now debt collectors are knocking at my front door.

TODAY: asked IP for payment break to help us sort arrears. They won't allow it. Our 6 month interest only mortgage period is ending on the 28th. When it goes up our income will be £700 less than our expenditure.

Apart from not paying IVA, what can I do?

[MelanieGiles]

Gosh you really have had a rough ride over the last few years. If you are going to be left with no disposable income, why not ask your IP to put an offer to creditors asking them to accept what you have paid in to date in full and final settlement. You are getting towards the end of the IVA, and surely this should be something they ought to be exploring for you.

[joesmum09]

When our payments were reduced, an extra 12 months was tagged onto the end of our IVA. Then looking at an additional 12 months due to it being very unlikely that we'll be able to remortgage, do you really think a F&F would be accepted being 4 years in with 3 to go?

[Foggy]

Do Payplan use Protocol Compliant proposals ? I am surprised that a reduction was countered by an extension -- but that could well be within the terms of your own proposal.

However, I am appalled by their approach to DLA and I would strongly argue this with your IP.

And through all of this .. no payment breaks allowed -- are these catered for in your proposal ?

[MelanieGiles]

I have certainly done this successfully in the past for clients of my own. As with all things relating to IVAs, it really does depend upon your own particular circumstances.