Am I whining about nothing?

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kallis3

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Post by kallis3 » Tue May 25, 2010 6:37 pm
You shouldn't be spoken to like that at all, no wonder you felt like arguing with them!

At the very least they could let you complete a new I&E. Yes, there are guidelines, but they are just that. If you can justify paying more than that then they should allow it.

I take it he's not impressed with the forum then! I'm not angry with my IVA, but then my I&E has been set an affordable level!

You could try emailing your IP direct via this link.

Hopefully one of the professional will be along with further advice.
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.
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MrsKnight

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Post by MrsKnight » Tue May 25, 2010 7:18 pm
OMG! Im sorry but I agree with Jan you should NOT of been spoken to like that, being a client of theirs thats made me really angry - at them.

I am not angry with my IVA, BE made me angry when I found out an IVA Income & Expenditure was supposed to be set up by the individual n NOT the company at unaffordable levels to fit an IVA criteria. Leaving us in a horrendous situation n set on a road to fail.
If it was not for this forum being so understanding n supportive, I would not of fought my corner with BE n gone BR by now.

QUOTE:I was told that basically the amount was correct, it couldn't be changed because it's the guidelines and would be unfair to all the "others" and everyone has the same amount.
Im Sorry but what about the others?!?!? Individuals with Individual IVAs & circumstances is more like it.

Im sorry - I hope one of the experts comes along.
Final IVA payment made in April 2013, never ever thought we could do it or get through it but we did! X



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MelanieGiles

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Post by MelanieGiles » Tue May 25, 2010 8:29 pm
This matter should now form the basis for a complaint to the IP and a demand that you be able to speak with them directly. I feel sure that they will be horrified to learn of the way this particular staff member has dealt with your enquiry, and will immediately want to take steps to put things right for you.

And I would hope that this person's view of the forum is not indicative of the rest of the firm - given that they have their own representaive on here who largely deals with complaints.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Daveyboi

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Post by Daveyboi » Tue May 25, 2010 8:47 pm
Hi Leese so sorry to hear how you are struggling here.

Get the IP's email address and email them direct about how you are being spoken to by their team and ask for a personal phone call from them. If they refuse to speak to you look into complaint procedures but don't let them bully you into bankruptcy if there is a chance of the IVA successfully completing.

Are you paying a low percentage in the £ back to your creditors by any chance? Only reason I ask is because we have had debates before about CCCS Guidelines and how the range of agreed acceptable allowances for each situation has a scale of which the lower part is very tight and the higher end is more manageable. The response from CCCS for the lower end rates is to allow people on minimum income to still enter an IVA and not face bankruptcy because the creditors are getting an acceptable return on their money. Someone earning higher income evidencing a higher outlay monthly may receive the higher end allowances in some areas as they are still paying back a good percentage in the £ back to the creditors.

It is hard to struggle on low end budgets and the way they spoke to you is unacceptable but as for why they are refusing to raise the allowances it could be if you are in the low income category and already paying pretty much the minimum back that the creditors will allow for the IVA to continue. If this is the case they need to explain all this to you on the phone instead of just being rude and not explaining themselves properly.

Some people may reply to this post stating it is unfair for some people to have all low end budgets whereas others have more manageable allowances. I thought I would pre-empt this and give a personal explanation which I actually think is feasible and actually most likely to be the case as to why this is.

Each IVA is individually tailored to your own personal circumstances. A persons expenditure is what it is hence the I&E being filled out. Now if you have a good income even after being given some slightly more generous allowances your disposable income is still such that you are paying say anywhere between 50-100p in the £ back to the creditors which is a reasonable return.

Now say you are receiving minimal income but have the same debts as the higher earner. In this situation giving you all the low end allowances in the expenditure may just about manage you a £200-£250 IVA contribution. This may be acceptable by the creditors to agree the IVA but your return to them in the £ could be as low as 25-40p in the £ return. This unfortunately means you are already paying back the minimum of which the creditors are willing to accept in an IVA and therefore no scope increases in your allowances. However you are also paying back a lot less money to them than the higher earner and therefore having more debt written off at the end assuming the IVA concludes succesfully.

This is just my personal analysis of how they likely think but thought I would put it forward for thought.

Good Luck

Davey
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Skippy

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Post by Skippy » Tue May 25, 2010 8:53 pm
That's disgusting - how dare he speak to you like that! I would defintitely complain as no one should get away with speaking to you like that.

Hopefully the representative from BE who posts on here will pick up on this xxx
 
 

kallis3

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Post by kallis3 » Tue May 25, 2010 8:58 pm
I hope you got his name Leese.

I forgot to put the link in my last post:

http://www.insolvency-service.co.uk/newipsearch.htm
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
 
 

Julie

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Post by Julie » Tue May 25, 2010 9:01 pm
You certainly must complain direct to your IP Leese. Regardess of the situation, there are ways to speak to people and no excuses for BE staff to be rude (either to you or the forum).

I'm sure BE 's representative will respond to this.
 
 

Leese

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Post by Leese » Tue May 25, 2010 10:02 pm
Thanks for all of your replies, I'm going take your advise and write directly to the IP after I have sat down and gone through everything with a fine toothcomb. I think I was caught a little off guard today as was at work and about to go into a meeting. Wasn't completely prepared for the type of call it turned out to be and became quite flustered. I did feel throughout the call though that this was his objective. I had to ask him to slow down and repeat a couple of times.

To answer a couple of questions put here, I am paying £280 per month which works out at 34p in the £.

I also have the IVA manager's name and have spoken to him before I think.

Thanks again everyone.
Last edited by Leese on Tue May 25, 2010 10:09 pm, edited 1 time in total.
 
 

kallis3

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Post by kallis3 » Tue May 25, 2010 10:10 pm
Let us know how you get on.
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
 
 

Daveyboi

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Post by Daveyboi » Tue May 25, 2010 10:44 pm
Yes please let us know how you get on, 34p in the £ is on the lower side which may be why they're being so stringent with your allowances you can but try though. Hopefully they can do something for you

xx
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MelanieGiles

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Post by MelanieGiles » Tue May 25, 2010 10:48 pm
Actually 34p in the £ is about 10p more than the average return in IVAs generally these days - so there should be no reason for a tight budget that bears no relation to your actual circumstances.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Daveyboi

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Post by Daveyboi » Tue May 25, 2010 11:06 pm
That surprises me Mel what with some creditors enforcing a 40p minimum return. Most websites state the realistic average write off is 45%
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MelanieGiles

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Post by MelanieGiles » Tue May 25, 2010 11:18 pm
That's just not true Dave I am afraid - and if websites are quoting that figure it is incorrect. Although there has been a post on the forum this week about a minimum 40p in the £ dividend, in reality this has not been experienced by most of us for a number of years.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Daveyboi

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Post by Daveyboi » Tue May 25, 2010 11:20 pm
Mel

Look at the top of this page Ave write off 45%. So this is one of the websites. As for the 40p in the £ I think its HSBC who are putting this forward as a caveat.
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MelanieGiles

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Post by MelanieGiles » Tue May 25, 2010 11:22 pm
They used to a long time ago - in reality it is rarely seen these days and only used for IPs who push out low quality work and do not follow the IVA protocol.

And as for this website - I am afraid that I have no control over the content here, but stand by my comments. Maybe Andy can let us know where iva.co.uk get their statistics from.
Regards, Melanie Giles, Insolvency Practitioner
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