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Posted: Thu Aug 27, 2009 2:25 pm
by lofty1979
Hi guys, its been a couple of months.
I missed a payment in June, as due to being unemployed really couldn't afford it that month, I spoke to my IVA people and explained that to them, I made a full payment last month, but this month I'm in the same situation as i was in June, due to having to pay for CRB checks for the jobs in my industry, my question is this:
I'm aware that 3 consecutive missed payments leads to a breach notice being sent out, would this apply to me as i've paid 44 consecutive months, missed 1 month, made 1 month and am now going to miss 1 month? (maybe 2 if the start date for my new job is correct)
thanks
Posted: Thu Aug 27, 2009 2:32 pm
by Michael Peoples
I would not be concerned as your IP is fully aware of what you are doing. If there is a breach of the terms your IP may have to seek permission from creditors to allow a longer break but a couple of months here and there after four years is incidental.
Your IP will probably make creditors aware of the arrears and the steps he/she has taken at your upcoming review. Creditors then have the option of complaining if they do not agree with the actions of the IP but this is a remote possibility as you have done nothing wrong. Keep your IP in the loop at all times and you will be fine.
Posted: Thu Aug 27, 2009 2:38 pm
by lofty1979
Thanks, getting the job i have gone for is great, but the timing isn't as it's ging to be October before i get my 1st proper pay cheque
Posted: Thu Aug 27, 2009 3:02 pm
by Michael Peoples
By the way Lofty. Congratulations on your new job and I hope everything works out well.
Posted: Thu Aug 27, 2009 3:07 pm
by lofty1979
Thank you, it'll be really nice to get back doing what i do best (nursing)
Posted: Thu Aug 27, 2009 5:37 pm
by Debtwitch
Hi Lofty
You are trying your best to resolve your situation. Keep in touch with your IP who can discuss with you the best way to catch up with the missed payments and that unless anything else of a more urgent nature happens in the meantime, that the matter will be noted in your next annual report about the difficulties you have had and the conclusion reached to resolved.
Posted: Thu Aug 27, 2009 7:25 pm
by andrewgoodman121
don't worry as long as you keep the IP Informed you should be OK.
I think that it is in breach when you miss payments 3 on the bounce without informing your IP into the reason for it.
Posted: Thu Aug 27, 2009 9:50 pm
by orchid5
Hi Lofty and welcome to the forum, good luck with this matter i hope it resolves itself are you sure you want to come back to the slog, tired feet, mashed head etc!!!! Well done on getting this far into your IVA i wish you well for the remainder of it.
Posted: Thu Aug 27, 2009 9:54 pm
by Skippy
Good luck with your new job Lofty x
Posted: Fri Aug 28, 2009 3:21 am
by Shining
Good luck from me too in respect of your new job, like others say keep in contact with your IP and I'm sure all will work out just fine x
Posted: Fri Sep 11, 2009 2:34 pm
by lofty1979
Grr - have just had someone from my IVA call me up to ask me about payment AFTER I informed them 2 weeks ago that my August payment would be missed due to the circumstances above, AND i've also been informed that 3 missed payments ANYWHERE within the terms of the IVA period would constitute a breach being sent out, which was not what they told me when i spoke to them about missing payments in June, I'm getting a bit tired of telling them the same things over and over again.
Any advice?
Posted: Fri Sep 11, 2009 2:36 pm
by lofty1979
And to top it off, an email was supposedly sent to me asking for a payment this month and funnily enough that was never received (I have a specific email account for dealing with Nuttalls)
Posted: Fri Sep 11, 2009 2:56 pm
by Julie
email your IP direct Lofty - I'm sure everything will be fine. its probably a case of files not being updated.
At least if you email your IP , you'll have it from the horses mouth. Have you proposed how you're going to catch up with the missed payments?
Posted: Fri Sep 11, 2009 2:57 pm
by Michael Peoples
Three payments may well constitute a technical breach but your IP can make creditors aware of what is happening with an explanation. Creditors rarely object and if one does the IP can call a full meeting of creditors to obtain sanction. This does seem unnecessary as your IVA is nearly over and just needs 'nursed' to the finishing line[if you pardon the pun].
It may be that one hand does not know what the other is doing so an email directly to your IP should sort this out. Let us know.
Posted: Fri Sep 11, 2009 3:01 pm
by lofty1979
My proposition (it might be the silliest of propositions) is just to add the 2 missed payments months to the end of my term, so rather than finishing next October, i'll be finishing in December