I have Student Loans which are not part of the debt in my IVA. They are included in my expenditure instead which makes the repayments affordable. Your IP may be able to re-jigg a couple of things to make this type of scenario work for you. Its a long shot as without the CSA arrears your other debt is too low for an IVA in a typical scenario.
The main thing is that there will be a debt solution for you and between you and the IP you will get this sorted out. Best of luck
I am very surprised the other creidtors who did show up at the meeting agreed to IVA as they would have known that CSA arrears are not bound by an IVA and like you say without the arrears you would not have needed an IVA !!
Have you been able to speak with your IP directly ?
I can't believe the proposal got all the way through to acceptance without any of the so-called professionals spotting such a big error. Cynically, I wonder if this wasn't a tactical oversight so they could kick the CSA out down the line and draw a significantly bigger dividend for themselves. Ever the cynic, I also wonder whether the IP actually read it at all or just scanned and signed a template doc.
This is appalling and probably gives grounds for a formal complaint. Every IP knows that CSA arrears cannot be included in an IVA. I suggest that you ask the IP to write to creditors to terminate the IVA on grounds that it is frustrated, and return the money that has already been taken in fees.
Hope you do get it sorted, 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
I have spoken with my IP and have logged a formal complaint. He said that they will be contacting CSA as they believe that it is not classed as a debt, because the overpayment has already been paid back to my ex from CSA and I am now having to re-pay CSA. I'm confused! Surely this is still a debt!!!
My ex was paying me CSA which later CSA was determined that I was not entitled to. Therefore they have given my ex a refund and now I have to re-pay to CSA. My IP says this is not arrears which cannot be included in an iva but class it as a debt.
