Hi Melanie, I've had an email today saying they won't go ahead with the variation for the full and final offer until the breach regarding my credit union loan is sorted. The message quotes the sections of IVA saying I am in breach because I've take credit. Which i now know and have explained to them loads of times I replied saying this and they are finally going to contact the IP regarding the breach. Am really worried about this because I don't feel Payplan will put it forward sympathetically towards me I just want it over and done with I'm stressed to death with it and not sleeping
It is not their decision as to whether to put forward a variation at this time, but it is yours. Advise them again of your desire to propose a variation to deal with all defaults, and if they again refuse insist on speakind directly with your IP or invoke their complaints procedure.
Thanks for the reply Melanie, I think what they're saying is they're going to deal with the breach regarding me taking the credit union loan out first with the IP. Then I take it when that's hopefully sanctioned they will put forward my variation and full and final offer. Can I still insist the full and final offer goes ahead before the IP decision on my breach?
Update: Payplan emailed me today to say the breach would just be a verbal conversation with the IP so don't really understand them saying it'll take a week to prepare 'paperwork'. She also said she will mention there is a full and final offer on the table as well. Just hope they sanction the breach.
It's a work Credit Union Ashb so that's why it's on my payslips. Its been there for the 2 years I've had it but Payplan have only noticed it when I submitted them for my review in September and for the full and final offer I've made
Getting a verbal conversation at Payplan with your IP is a giant leap forward - am sure they will probably just want to be assured that you will not take out any more credit and reconfirm that you understand the terms of your arrangement. Hopefully the variation can then be put forward as it is the most sensible option.
Hi Melanie/everyone, heard from Payplan yesterday and they're taking my full and final offer forward BUT they say theyre notifying my creditors I've taken on additional credit (the credit union loan). I'm really worried about this will this affect my full and final offer?
They've also said it will take a minimum of 3 months to sort as the creditors need 28 days to vote. I only have 12 payments left and if it keeps dragging on I won't be able to pay soon, plus it will mean they're getting more than is left to pay in the year if that makes sense.
Any advice would be appreciated before I reply to Payplan. I just feel like they want all of this to fail now, I now know I shouldn't have took out the credit union loan with work but they've missed it on my payslips for two years, I havent hidden it and I'm not paying for it my mam is.
it does take 2-3 months to arrange a meeting and it wont help that xmas is in the middle; i dont think they are tryng to make it difficult, but i do know ( from personal experience with a different IVA co ) that the timescale given is normal; i could be wrong but theres no way to fast track.
Im sure by tomorrow afternoon, if not by the time you wake in the morning, then one of the Ips or experts will have replied
good luck and have a good nights sleep; im sure all will be ok, but we area ll born worriers
Last payment made April 2012
Certificate received 1st Nov 2012
They will need to highlight the issue of taking unauthorised credit without permission, but if they agree that what you did was reasonable then they could confirm that they retrospetively grant permission. I doubt that your creditors will be too interested on this point, however, and if the offer you are putting forward is the best one currently available you ought to get positive votes on the day.
Thank you Melanie, by the time it's sorted they'll probably end up getting a couple of payments value more than is currently owed so fingers crossed. I just want the end of it now. Thank you all for your advice
Yet another update on this one. I've managed to make this months payment and emailed to let payplan know and asked what is happening with my full and final offer. I've been told at earliest it will be the New Year because there is currently a variation regarding the VAT etc and creditors have to be allowed time to vote on this.
I've explained yet again that I'm struggling and really wanted this sorted and feel the new Year just isn't good enough. I'm worried my mam will withdraw the offer of the money as she's getting annoyed at Payplan dragging their heels. The way things are going it'll be at least February March before anything is sorted and I'm not sure I can keep paying and don't want my IVA to fail.
Wish I'd never gone to Payplan they've never been very helpful and always seem to be on the side of the creditors.
