www.iva.co.uk

Can anybody offer any advice. Been having an ongoing dispute with Carphone warehouse since July 2007. They now say I have got 60 days to pay bill of £476.00 or the debt will be passed on to debt collection agency. I have today informed my IP of situation and waiting for a response. Bearing in mind we are not allowed to lower our payments as we are only paying the minimum amount allowed. How can I include this debt in my monthly expenditure. We are stretched to the limit now.

Ouch! That's one helluva phone bill!

I am really not sure how this can be taken into account, but I am sure one of the experts will be along to help.

i would think you will need to contact your ip again and try and get a payment holiday these will have to be added to the end of your iva

Hi
Was this debt pre IVA ?

Hi Andy,

It is a bit of a long story but basically we felt we were misold the contract. We agreed a monthly payment of £15.00 per month, when I got my first bill it was for £30.00 per month. We have been in dispute ever since we have been trying for a year to get it resolved. It goes back to July 2007, our IVA started October 2007. We have sent numerous E-Mails made phone calls nobody would reply to our calls. I said I would stop payment to them until they sorted it out. Since September last year they have made no contact with me, I have had no bills. Their customer service is totally abismall. We have sent letters to the top man at Carphone warehouse. They say if we send them £10 we can have a recording of the call, which I refuse to do. I have an Invoice with my phone which clearly states £15.00 per month on it for a twelve month contract.

It's really important that all of your unsecured creditors are disclosed before your IVA proposal is finally created. If you don't include a creditor on your IVA, they can't be bound by the IVA terms and they could still take action against you.

If you find yourself in this situation, you must let your IVA supervisor know about it as soon as you can. They will be able to give you advice as to whether the additional creditor could have their debt added to the IVA.

But a word of warning ­ your original creditors voted on your IVA proposal based on getting a certain dividend from the IVA. Obviously, by adding an extra creditor to the IVA, the dividend that all the creditors stand to gain will be diluted and reduced and they may not be prepared to accept it.

Yes fair enough but I did not intend this to be another debt, I would of been paying them, if they could be bothered to reply to me.

This debt is bound by the terms of your voluntary arrangement, and you should get your IP to liaise directly with the company in this regard.

Hi Melanie,
thanks for your reply. Do not want to sound thick, but does this mean it can be included in my IVA or do Carphone warehouse need to know about my IVA

Yes - they are bound by the terms of the arrangmement, and your IP now needs to correspond with them directly.