I am desperately seeking advice on my IVA. I shall provide a brief history for context and I'll be as succinct as possible:
My IVA "finished" in October 2018. I have not received official notification of completion, but I am no longer paying monthly installments.
Over the past five years, my Annual Income included items that were excluded by my insolvency practitioner despite the reasons for this being attributed to healthcare expenses due to ongoing disabilities. To be transparent, I have PTSD from time served in the Armed Forces, which is a protected characteristic governed by the Armed Forces Covenant, and I have Autism Spectrum Disorder (ASD). In order to maintain my wellbeing for work—understanding that only 16% of the autism population are in gainful employment—I have private healthcare services that is not supported by the NHS related to both PTSD and ASD. Despite explaining this to my IP, they refused to accept those expenses and thus each Annual Review was not an accurate reflection of my economic situation.
I sought legal advice early in 2018 and was instructed that this breached extant legislation, to wit, the Autism Act 2009, the Equality Act 2010 and the Armed Forced Covenant. From the legal perspective, then, the way in which my Annual Expenditure has been calculated throughout the IVA is discriminatory. I am now being forced to go part-time due to the extent of my disability affecting my day-to-day activities.
In addition, my IP would not allow me to buy into the TPS (Teacher's Pension Scheme), so I have no savings for retirement.
I have written to my IP, but based on the lack of communication forthcoming, I feel between a rock-and-a-hard-place. I have been on sick leave for nine months recently and communicated this via email to the IP ( I can't communicate via telephone due to ASD) but received no reply nor any reduction or consideration on IVA. I strongly feel this cannot be accurate.
An IVA is, in a nutshell, an arrangement between you and your creditors to allow you to pay as much of your debt back as possible. In return for this they defer enforcement action and will forgive whatever debt is unpaid at the end of the arrangement.
You can claim that the IP / creditors acted unfairly or even unlawfully -- the upshot could well be that the IVA is voided. This would put you back to square one with your creditors and you would still be legally responsible for the debt.
Being on the spectrum along with PTSD, your energies would be better spent moving forward, which you can shortly do, debt free.
If it were me,although cross things were handled incorrectly, I would be looking forward now into a fresh start of debt freedom.
Who is onlineUsers browsing this forum: kallis3 and 34 guests
Ask the IVA Experts a QuestionSimply complete form and you will get an answer from our IVA Experts (multiple replies within an hour *)
* Any use of this forum is conditional on you having read and agreed to our terms and conditions.
* If you enter your phone number, IVA.com Group Limited will give you a courtesy call to ensure that your question has been answered.
* The question will be posted on our forum, we will email you the location