Breach

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cheryl121

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Post by cheryl121 » Fri Nov 23, 2018 5:09 pm
Breach of contract due to a lease car at work. My husbands bike blew up and had to be sorned but he requires a vehicle for work as he works at various sites. It was unclear he couldn’t opt into a lease car and it has flagged up during an annual review. We have to put forward out reasons why but I’m extremely worried our agreement will be ended. Does anyone have advice on this?

Foggy

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Post by Foggy » Fri Nov 23, 2018 5:18 pm
A leased vehicle isn't so much extra credit, but is an extra incumberance and a call on his disposable income. How were you planning to fund the lease payments ?

If the payments can be funded from your salary, as opposed to his, for instance, I would argue that there is no breach as this is not a credit agreement ion the strict sense.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
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MerlinL14

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Post by MerlinL14 » Fri Nov 23, 2018 7:48 pm
Communication is your best friend in this situation. I think your IVA company have just got a huff on as you didn't communicate over your hubby getting a lease car for work. As Foggy has pointed out, it really isn't extra credit but you do need to explain how you are going to make the payments and how you can afford them but not have offered this amount as an increase in your monthly IVA payments. Stay calm and make sure you have all your figures and excuses written down so you don't come across as winging it when you tell your side of the story. Good luck and try not to fret.
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luluj

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Post by luluj » Fri Nov 23, 2018 8:31 pm
Both Foggy and Merlin give good advice. Am sure when fully explained and your i&e is worked out fully there will be a solution to keep it going ..stay positive x
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cheryl121

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Post by cheryl121 » Sat Nov 24, 2018 12:44 pm
Thanks guys. I think I was panicking prematurely. I hadn’t had chance to speak to my hubby properly but the adviser he had spoken with on the phone seemed fine with everything and that it would just be a formality.
We should have informed them which we didn’t know we had to as it isn’t a loan, but apparently it still comes under that umbrella.
Basically the Iva is in my husbands name and he took a car out through salary sacrifice at work...so it’s like a company car/lease car. Money is taken out of his wages before tax to cover the costs of everything involved in running a car minus fuel. So this was the cheapest and quickest way of him being back on the road after his bike blew up as he needs a vehicle for work.
Anyway we have to submit all this to go to the creditors and hopefully everything will be ok.

kallis3

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Post by kallis3 » Sat Nov 24, 2018 1:23 pm
Fingers crossed!
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MerlinL14

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Post by MerlinL14 » Sat Nov 24, 2018 1:40 pm
I hope you get it all sorted without anyone else getting a bag on. Good luck.
Last Payment made 04/12/14. Completion Certificate 25/7/15. IVA company GT. No Issues
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