How do I know if my IVA is covered by the IVA protocol ?

Get expert opinion. This is the place for new questions to be posted.
20 posts Page 2 of 2
 
 

nickjohn

User avatar
Posts: 969
Joined: Tue Feb 07, 2012 11:27 pm
Location: United Kingdom

Post by nickjohn » Tue Aug 13, 2013 10:09 pm
Hi 4kidsnocash,

I have looked long and hard at the difference between "Defined" and "All Assets" and got no where but I have finally found a document:

https://www.icaew.com/~/media/Files/Tec ... claims.pdf

which sheds more light on it all than anything else ever has done.

Within my IVA there is no reference to the IVA Protocol nor any reference to R3.. There are also 2 sections for assets one is for excluded assets and the other for included assets - so I guess mine is a "defined assets" IVA...

It would be interesting to hear from someone who has an "all assets" IVA and how it words assets...
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Tue Aug 13, 2013 10:22 pm
There must be a reference to the terms and conditions your IVA has been prepared under. Isn't it easier to simply ask your own IP these questions nickjohn - we really cannot give specific case advice on this forum.

There will be differing forms of wording from firm to firm, so I really would not rely on someone else's version. If you are unable to get any joy from your own IP, send me the documents and I will look through them for you - scanned and e-mailed if possible.
Regards, Melanie Giles, Insolvency Practitioner
 
 

nickjohn

User avatar
Posts: 969
Joined: Tue Feb 07, 2012 11:27 pm
Location: United Kingdom

Post by nickjohn » Tue Aug 13, 2013 10:59 pm
Hi Mel, Thanks for your offer - I will email GT first and ask them the question, I do recall asking the question once before and got a mixed response along the lines of its your proposal you should know what type it is.

The only reference within my proposal which mentions T's & C's is a reference to GT's standard terms and conditions 2008, it also goes on to say that should there be a conflict in the standard terms and the specific terms within the proposal then the terms within the proposal will apply.

GT's standard terms make no reference to IVA protocol or R3.
Last edited by nickjohn on Tue Aug 13, 2013 11:01 pm, edited 1 time in total.
 
 

nickjohn

User avatar
Posts: 969
Joined: Tue Feb 07, 2012 11:27 pm
Location: United Kingdom

Post by nickjohn » Tue Aug 13, 2013 11:11 pm
Hi Mel, forgot to say that I understand that each firms wording is different and each IVA is different all I was trying to do was understand what I would be looking for. As I have only ever seen my own IVA and have no idea what type it really is my IP's customer services could tell me one thing by mistake and I would never know any different..
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Wed Aug 14, 2013 12:39 am
OK - so if they are not attached to the copy of the proposal you have, then ask for a further copy to be sent. These should have been properly incorporated into the documents you originally signed, and you should have been advised to read them through carefully before signing the proposals. Prior to the advent of the IVA protocol, I always used my own terms and conditions, so if GT followed the same procedure there is nothing wrong with that approach.

The only IVA you need to worry about is your own Nickjohn.
Regards, Melanie Giles, Insolvency Practitioner
20 posts Page 2 of 2
Return to “Ask IVA Forum and Industry experts”