My IP is giving me real grief over arrears due to a couple of periods of unemployment and are threatening to fail my IVA.
I keep telling them I don't have any spare cash - they leave me practically nothing, so how they expect me to suddenly come up with the money without winning the lottery or a long lost relative dieing and leaving me a bequest...
Does anyone have a sample letter I can use to ask them to approach my creditors to ask for the arrears to be moved to the end of my term?
Hi -- as long as we are talking only a few months they do not need to approach creditors. Indeed, a payment break should have been discussed at the times of the difficulties. However, what we have here now are unagreed arrears, which is why the IP might be taking a hard line. Simply ask him if the arrangement can be extended by the appropriate number of months to cover the missed payments.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Tried that but they say unless I pay the arrears now, they'll fail the IVA.
No matter how many times I've told them as as they leave me bugger all I don't have the cash and asked numerous times if they can tack it on the end, they just keep saying 'pay now or else' and only yesterday did they claim that they need a formal letter of authority from me to approach my creditors for an extension.
Even tried quoting IVA Protocol 2016 Annexe 4 Part II Subsection 5 Paragraph 2 saying that they can apply an extension on their own authority, but they're totally ignoring it...
Even though they have signed up to the protocol, don't think they have a clue and sure they've never even bothered to read it.
I gather you are a few years in, so the 2016 Protocol will not apply. That said, previous Protocols are very similar in respect of payment breaks and extensions. Unfortunately these clauses generally give the IP discretion, rather than give you the right and, it would seem, you IP is not minded to be helpful.
Might I ask who you are with ?
It seems that they might be open to asking the creditors for a variation ( albeit one that is not required) so I would simply write explaning the missed payments by reference to the dates and the reasons. It wouldn't do any harm to acknowledge that this should have been addressed by you requesting a break at the time, rather than missing payments, and to apologise ( as much as this might grate with you). Request that the situation be rectified by extending the arrangement by x months to make up the arrears. Be contrite and not at all adversarial. I gather, from your IP's attitude that this would be a "make or break" variation meeting, so be prepared.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Hi,
Due to a couple of periods of unemployment I am getting real grief from my IP over arrears, so want to ask them to approach my creditors to move the arrears to the end of my term as I can't make up the arrears due to having no extra money, they take all my 'spare' cash anyway.
Does anyone have a sample letter I could use?
