I'm not beaten down Tina, and others, indeed far from it. It is just that it can't go any further at the moment.
A guy from Payplan called me yesterday, the team leader of my case officer, and he told me effectively the same as I had already heard:
1. The clause about bankrupting clients goes into all variation proposals where equity exists in case the creditors wish to take that option in order to maximise their dividend.
2. If the creditors do vote against the variation, Payplan have a dedicated team who will seek to 'negotiate' with them to get the 'best deal' for me.
3. The creditors may not be satisfied with the dividend they would recieve from the extra 12 months in lieu of equity. They may therefore decide to bankrupt me or impose new conditions for the IVA to complete successfully - going beyond a 12 month extension, for instance....
4. I again pointed out that Payplan were on shaky ground legally in terms of not making this clear right at the start of the IVA processin order that potential clients could make properly informed decisions about: a) IVAs in general, and b) the prospect of taking one out with Payplan who operate this policy - which is concealed from potential clients and simply sprung upon them in year 4 or 5.
5. I disputed the argument that these things essentially revolved around and were dictated by fluctuations in the world economic climate as, so the arguemnt ran, no one could have predicted back in 2007, when I took my agreement out with Payplan, that the housing market would develop as it has done in the recession and that it would be impossible to release the equity - a course which seemed feasible in 2007. I thought this was a laughable argument, a 'non-point' effectively, and said so, as no one can predict how the economic climate will develop - hence 'possible or actual fluctuations in the world economic climate' is not a suitable or logical or mathematically / scientifically sound basis for any principles or policies...
Anyhow, he was as accommodating as he could be, and perfectly civil, even if he did not, or rather was unable, to tell me anything new.
So , like I say, I am hardly being beaten down; I just have to wait on developments now and take it from there.
[xx(] and [:(!] and [B)]
Last monthly payment made 3 June 2013 after 6 long years. CC issued 21 August 2013, but, er, lost in the post. Finally got it 17 September.