I have been with Bains and Ernst

[unlucky 1958]

I have been with Bains and Ernst for just over a year. In July of last year (2008) myself and my partner who's income was included on original IVA proposal went our separate ways leaving me homeless with my 10 year old daughter since then i have managed to obtain council accomodation but also been made redundant. My eldest daughter has since come to live with us and also my ex-wife (the childrens mother) she was in supported accomodation because she has been very ill and came to live with us because she was not managing very well on her own now i have bains and ernst wanting all my redundancy pay which at the moment is supporting us i notified bains and ernst last year of a change of circumstances but as of yet although making reduced payment £300 instead of £457 per month they have not filled for a change in my situation at present i have very little income and my ex wife gets incapacity benefit and disability living allowance i can not be left with no money to support my family and am not entitled to any benefits and if they were to take all my redundancy pay how could i keep my girls can somebody please advise.help

[Adam Davies]

Hi
If you are not working then the redundancy money should be yours to use to cover your living expenses and not paid into your IVA until you have found work.
Regards

[plasticdaft]

Have you anything to lose by going bankrupt?? It may be the fastest way to sort yourself out.

[unlucky 1958]

thank you Andydavie and plasticdaft for your kind replys, I thought the money was to be used to maintain the household including iva payment until I find work. I have had a lot of misleading information from bains and ernst including because of redundancy insisting I take a payment break which I never asked for, to then getting a call saying because I wanted a payment break they would have to fail my iva because I had redundancy pay it took a while for me to get through to them that this had come from them and at no time did I request a break in payment the answer I got was, the person who arranged it was inexperianced which almost caused major trouble for me. I have no idea how making myself bankrupt would benefit me because my redundancy pay is my only real asset and I think they would more than likely take it all.[:(]

[David Mond]

Sorry to hear of your plight unlucky 1958.

What usually happens is that 6 months of your normal take home pay should be kept by you to support you and your family whilst you look for a new job. The balance of any redundancy payment should be paid into your IVA estate.

However in your particular circumstances you might not be able to do this whilst your wife is ill and you have other responsibilities as outlined.

I will get someone senior from Baines & Ernst (or their IVA arm) to contact you as you do need to discuss your case with your Supervisor (IP).

[MelanieGiles]

If you are with Bains and Ernst - are you actually in an IVA or a DMP. If you are in a DMP they have no right to your redundancy money, and if you are in an IVA they ought to be more sympathetic to your current circumstances and be working to help you.

[unlucky 1958]

Many thanks to David Mond and Melanie Giles for your help yes definitely an iva with bains and ernst thanks to everyone who has replied so far it is a great comfort to know there is people like yourselves willing to help

[kallis3]

If it's an IVA, then it will be with Blair Endersby who are the sister company to Bains and Ernst.

[unlucky 1958]

yes sorry Jan ur right it is Blair Endersby on paper work it's just when i ring them up they say Bains and Ernst

[kallis3]

Obviously have customer care for both 'arms' of the business in the same office!

[Blair Endersby]

unlucky please email your details the address shown below and we will review your file and come back to you privately.
many thanks