If you are offering a full and final settlement from your pension this would only be drawn down after approval so irrelevant how much you actually do take out as the rest would be excluded under the terms of the variation. If you draw it down pre approval the whole amount could be subject to seizure and the IP would want to see the paperwork.
Your IP must call a meeting of creditors within 21 days of your written request for a variation. Creditors are then given 28 days notice of the meeting rather than the normal 16 days as this is what most creditors have requested. Some IPs are slower than others but the terms and conditions that we use and I believe are also used by protocol say the variation must be called.
I emailed our case officer on 19/1/17 asking for ip to call a creditors meeting to offer a ff payment, she then saw ip on 3/2/17 who agreed to meeting but have not heard anything since I emailed case officer yesterday and was told the variation team will be in touch, but nothing yet.
Is this correct as time is ticking on and just want it sorted.
Thanks in advance
You need to take this up with the IP. Under our terms and conditions we would now be in breach as we have not acted within the 21 days. Ask your own IP how much time they have under their terms and conditions and this might speed them up a bit.
When I emailed case officer on 19/1/17 she rang me and said it can take up to 3 months as there is paper work that needs completing.
I don't want to aggravate them but would like it to progress according to their policies, case officer knew re meeting on 19/1/17 but as I understand had to make appointment to see ip which was on 3/2/17 so would it be 21 days from the 3/2/17 and once meeting called creditors have 28 days to respond and attend this is what I'm guessing
Am I reading this right? The case officer has to make an appointment which takes two weeks before they can see the IP. Sounds easier to get an audience with the Queen or the Pope! If the staff need two weeks to speak to the IP what chance have the clients? We have four IPs and there are always a couple in the office if we or our clients need any help.
The timescale you are talking about seems totally wrong and get them to confirm this in writing. It may be worth sending an email directly to your IP asking them if this is all true as it would be interesting to see what they say. The terms and conditions apply to both parties and not just you.
"If requested in writing by you,or by creditors with at least one quarter in value of the total amount of debts subject to the arrangement, the supervision must call a creditors meeting within 21 days from receiving such request,unless the court decides he/she need not do so."
How can I word it politely to our case officer?
Any advice would be appreciated many thanks. As don't want to upset the apple cart.
I sent email yesterday to case officer the reply was a meeting can only be called once we have set up a proposal and have it returned with our signature on it, and the variation team will be in touch soon, but not had any contact from variation team.
Send an email directly to the IP and state your case. As for the variation to be called in line with the terms and conditions otherwise you will have no option other than to make a complaint. You have received no satisfaction from anyone else in the company so the IP is ultimately the one who would have to deal with any complaint.
