A bit of a quandry

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sus65

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Post by sus65 » Mon Aug 09, 2010 9:22 pm
Hi

I have had a letter today from my ex husbands solicitor informing me that he will not be in a position to pay child maintenace for the next two months. The letter goes on to say that he is due to start a new contract nearer the end of the year and then the situation will be reviewed. With out this income I will not be able to pay my IVA.

Can any one offer any advice as to whether it is worth asking Payplan for a 3 month payment break? The IVA was only agreed in February of this year so I have only made seven payments thus far.

Many thanks

Sus
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Shining

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Post by Shining » Mon Aug 09, 2010 9:26 pm
Hi Sus, did they give a reason as to why he can't pay child maintenance for the next two months? Surely the children still need feeding/clothing etc., and so maintenance should be paid in full as a priority each month? It would be advisable to ring your IP and maybe give them a copy of the letter received from the Solicitor. If he was paying the CSA I think he has an obligation to pay? xx
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Aug 09, 2010 9:32 pm
It looks like you may only need a two month break, and Payplan should be using the new styled protocol template which allows for a payment break of up to six months without penalty or the need for a variation meeting.
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sus65

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Post by sus65 » Tue Aug 10, 2010 9:38 am
Hi Lesley and Melanie

Thank you both for the advice.

Lesley; The reason is because his company (Civil Engineering) has lost a major contract with the local council. The CSA did not deal with our case, maintenance was set through a court order and we will have to go back to court to get the order varied, which I am dreading having to do as this will obviously be costly.

Melanie; I will email Payplan and attached a scanned copy of the letter.

Once again thank you both

Sus
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Tina Shortland

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Post by Tina Shortland » Tue Aug 10, 2010 9:47 am
Hi Sus - hope Payplan can do what is needed to help you out and that this is only a temporary situation for you.

Regards,
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Shining

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Post by Shining » Tue Aug 10, 2010 1:26 pm
I hope payplan get back to you very soon Sus and that all is fine. All the best x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

sus65

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Post by sus65 » Wed Aug 11, 2010 5:22 pm
Hi Guys

Just to let you know that Payplan have sanctioned a two month payment break.

I have a bit of breathing and thinking space [:)]

Sus
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kallis3

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Post by kallis3 » Wed Aug 11, 2010 5:28 pm
Great news. Hope it all works out for you.
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Shining

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Post by Shining » Wed Aug 11, 2010 5:46 pm
That is good news! xx
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

RHB

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Post by RHB » Wed Aug 11, 2010 7:07 pm
Is your husband self employed? If so, then you may find the CSA aren't much use BUT if you are going on a court system ( your agreement is less than 1 year old or you divorced before 2002) your ex husband cant vary the payments without applying through the courts. Might be worth writing back to his solicitor to remind him of this.
 
 

kallis3

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Post by kallis3 » Wed Aug 11, 2010 7:21 pm
I believe the OP has said it is a court order, and as such, it will need to go back for a variation.
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The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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RHB

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Post by RHB » Thu Aug 12, 2010 8:42 am
Thing is, if the order was after 2002 then although a court can issue an order either party can go to the csa after a year. If he is self employed it is more difficult to get maintenance & if the IVA is dependent on this it could be problematic. If it was me I would go to the csa if it's been over a year since the order & my ex was claiming he couldn't pay maintenance.
 
 

sus65

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Post by sus65 » Thu Sep 30, 2010 8:35 am
Hello all

Just an update on the above. Maintenance issue has kind of been sorted out and my ex will be paying half of what he was paying from December 2010.

However this leaves me with a £400+ per month shortfall. After exploring every avenue I have decided to sell the house to a local private landlord who will allow me to stay on as a long term tenant in order to raise a lump sum to offer in full and final payment.

Payplan are driving me mad over this, they have all the details for over a month now and I am still no nearer having a date for a variation meeting. My buyer and solicitor dealing with the sale are starting to get anxious as things are taking so long. Each time I contact Payplan I am just told that all the information is with the accounts department and these things take time.....

Hope things start to look uo soon


Sus
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kallis3

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Post by kallis3 » Thu Sep 30, 2010 8:41 am
Hi Sus,

Glad you are managing to get things sorted, even if it is slowly!

I'd keep pestering Payplan until they were sick of hearing my name!

Try speaking to your IP direct. You can find them via this link:

http://www.insolvency.gov.uk/fip/
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Shining

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Post by Shining » Thu Sep 30, 2010 8:50 am
It is so frustrating when you're ready to move on and something is holding you up, as Jan says keep pestering and contact your IP direct this is important to you x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
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