Some advice required please

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william500
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by william500 » Mon Dec 10, 2018 6:07 pm
Dear Experts,
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.
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Foggy
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by Foggy » Mon Dec 10, 2018 6:38 pm
Whilst I sympathise with your situation, I fail to see what you are now trying to achieve. You have completed the IVA and should be released shortly by the issue of your completion certificate.

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.
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luluj
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by luluj » Tue Dec 11, 2018 1:10 am
Foggy outlines the situation well and likewise I am unsure of what exactly it is you are seeking. If you are trying to identify a breach and some sort of iva refund I think you need to fully aware that this could result in your debts being "reinstated" despite your iva payments of the last few years.
If it were me,although cross things were handled incorrectly, I would be looking forward now into a fresh start of debt freedom.
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