When my IVA is finished, will I be able to keep surplus or will it go to husbands IVA ?

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Adam Davies

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Post by Adam Davies » Mon Jul 28, 2014 10:24 am
Hi

It is sad that you have had to wait so long before receiving conformation from your actual IP

Regards
Andam Davies
 
 

dancer

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Post by dancer » Mon Jul 28, 2014 1:59 pm
This would have been good to know 4 years ago!
My husband had a f&f accepted for his IVA but my IVA payments have always been calculated (by Payplan) based on our combined household income & not my share of our disposable income.
 
 

Foggy

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Post by Foggy » Mon Jul 28, 2014 3:24 pm
Hi Dancer -- this is something it seems Payplan do as a matter of course !
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Mon Jul 28, 2014 4:22 pm
This seems very wrong. So effectively your husband's full and final was neither since he had to then pay into your IVA! Personally I would look to speak to the IP and find out why it was done like this especially if you were never advised that your husband's surplus income is for him alone.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

dancer

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Post by dancer » Mon Jul 28, 2014 4:36 pm
Unfortunately our requests to speak with the IP (over various issues) have always been refused as he couldn't possibly deal with their 27,000+ clients!
Following the F&F my husband was made redundant & took a lower paid job so he no longer has the amount of disposable income that was used for his own IVA payments
but regardless of this my payments would be reduced if Payplan allowed him to keep his surplus after meeting his share of our expenditure.
 
 

Helend013

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Post by Helend013 » Mon Jul 28, 2014 4:37 pm
I am with Payplan and as you can see from my above post I was initially told that I would have to use my surplus to pay into my husbands IVA.It wasn't until the actual IP got involved that this was corrected.I would definitely speak to them and question it.
 
 

dancer

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Post by dancer » Mon Jul 28, 2014 4:44 pm
Thanks Helen - I will try but not sure how successful it will be as it would mean reducing my payments & I suspect they will take the view that we can afford it as I have never missed a payment & in fact paid over £4000 additional monies last year which has now meant my son cannot go to college ... But that's another story!
 
 

Michael Peoples

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Post by Michael Peoples » Mon Jul 28, 2014 5:18 pm
I would not let this lie. The fact that you were told your husband had to support your IVA meant that your son could not go to university. Had he been allowed to retain his own money he could have used it for your son's education.

I also do not see how an IP can take on work but refuse to speak to the clients. Demand a face to face meeting which is your right.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Helend013

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Post by Helend013 » Mon Jul 28, 2014 5:26 pm
I must admit I have not been able to get direct communication with my IP, I may have been lucky that the last person I dealt with actually seems to have passed my questions on to the IP. I can fully understand why you would be reluctant to take it further,I was concerned that if I had needed to "kick up a bit of a fuss" it would have may have gone against us!
My son is about to go into his 3rd year at Uni and I am now going to be able to help him a bit financially (if he needs it) or maybe even give him a little treat now and again.
 
 

dancer

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Post by dancer » Mon Jul 28, 2014 5:32 pm
That's very true Michael - I will be calling them tomorrow to query why my husband is now effectively paying towards my debt.
 
 

dancer

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Post by dancer » Mon Jul 28, 2014 6:17 pm
I only have 6 months left & about to start the equity process so I am reluctant to kick up a fuss but I also feel guilty that my husband has had no surplus money even though he finished his IVA so long ago - had he stayed in his IVA his own payments would have reduced due to his change in income so he has lost out twice :(
Last edited by dancer on Mon Jul 28, 2014 6:18 pm, edited 1 time in total.
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