my payments and/or the duration of the IVA may increase

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Pdiddy

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Post by Pdiddy » Mon Sep 27, 2010 8:28 pm
Hi

I am fast approaching the 4th year of an IVA. To date I have not missed a payment.

Today my practitioner wrote to me and explained that a further creditor has made a claim. They state that this will result in a shortfall of £264.

They aslo state that another creditor is yet to submit a final claim. As a result my payments and/or the duration of the IVA may increase.

Can you please advise whether this is correct?

I was hoping the practitioner would re-negogiate the terms with all creditors, rather than asking me for more funds.

Many thanks
 
 

Broke of London

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Post by Broke of London » Mon Sep 27, 2010 8:42 pm
I am under the same impression as you; if claims go up the dividend goes down and if claims go down the dividend goes up.

Some proposals or modifications stipulate a minimum dividend to be achieved. Do your's?

Another reason may be that if claims increase by more than x% this is a breach and will need to be rectified by paying in additional monies. Again tho, this would be in your proposal or modifications.

Hopefully one of the professionals can give you a clearer idea.

Fingers crossed the goal posts don't move too much for you x
 
 

MelanieGiles

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Post by MelanieGiles » Mon Sep 27, 2010 11:04 pm
Cannot understand why it takes four years to agree a set of creditor claims. Does this mean that no money has yet been paid to your creditors? And did you guarantee the level of dividend payable?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Pdiddy

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Post by Pdiddy » Tue Sep 28, 2010 8:57 am
My IVA was agreed 4 years ago. They have explained that based on current information the anticipated dividend to creditors will decrease to 29p in the pound. This is as a result in an increase in cerditor claims since the meeting of creditors.
They have reminded me that the minimum dividend to be achieved is 30p in the pound. As such they think there will be a shortfall of £246.
They've also stated that they are waiting for one creditor to submit their final claim for monies owed this could mean the duration of the agreement is increased. Can they do this? I cannot afford to pay anymore money each month? Cannot they not re-negotiate the terms with the creditors?

Thanks
 
 

Michael Peoples

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Post by Michael Peoples » Tue Sep 28, 2010 10:10 am
This is similar to another post where creditors claims have not been agreed after four years. Speak to your IP directly and ask to know why these creditors have not been excluded. I would also want to know what dividends have been paid out and what the IP has done in relation to dividends due to those creditors who have not claimed.
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
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