There are a number of solicitors that might be willing to take your wife's case on a no win no fee basis which might be an answer. If they do a "settlement" might be proposed.
Last edited by David Mond on Sat Apr 04, 2009 9:11 pm, edited 1 time in total.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
Hi All,
Just to let you all know how we are going. The wife seems alot more upbeat now. She's just getting on with things now.
She has an appointment with the CAB tomorrow so hopefully they will be able to advise her if she has a case.
I've been speaking to one of our HR officers where I work and they think she may have good grounds for appeal. Her words were "Any HR dept. that lays off a pregnant woman is either very brave or very stupid!"
I do have a question for the experts though.
Do you think it is unreasonable to ask for a payment break from my IVA?
If she is unsuccessful in her appeal and struggles to find work, I don't believe we can last very long. She should get approx £1400 from Redundancy and Notice but then all we are relying on is her maternity which is only £120 p/w before deductions.
The only reason I ask is because I've been in touch with one of my IVA companies "Customer Advisors" and they dismissed any notion of either a payment break or reduction.
Obviously, I'll just circumvent them as I've done before and go straight to sending my IP an email but I just thought I would guage other people's opinions.
Last edited by Hull_Tiger on Tue Apr 07, 2009 11:50 am, edited 1 time in total.
I cannot understand why your IP is unable to sanction a payment break. If you are not earning the money, then you will not have the disposable income to pay the contributions - simple mathematics, and at this time they ought to be working to support you and not against you.
Hi Melanie,
I've not spoken to my IP yet. I'm going to drop him an email tonight when I get home.
It's the alleged "Customer Advisors" that dismissed my request.
They did a similar thing when I queried how much overtime I should be paying them. They said "All of it". IP said "None of it".[:)]
Good luck sorting this out, I hope things work out for you. Hopefully your IP will be more understanding than the call centre staff, as it comes across as though they want you to struggle. I'm sure your IP will want your IVA to continue and will help you x
Good luck Shaun, I hope your wife gets some good news from the CAB and I hope your IP is sympathetic.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Hi All,
Got a reply from my IP this morning and he has suspended my payments with immediate effect. He also requested all relevant documentation to arrange a creditor's meeting for a 9 month payment break, which is good news.
The wife has an appointment with a solicitor next week now. Her work have sent her information through and they have offered her a compromise agreement worth £2200.
She's taking legal advice as there is no mention of her maternity pay and the wording of the document suggests she would forfeit it if she signs it. Her maternity pay alone should be worth £4500.
Another question for the experts:
If she received her full entitlement of £6000 (Maternity, Redundancy, Notice) in a lump sum, would that be construed as a windfall for the purposes of my IVA?
Shaun, that news is much more positive. I hope she gets everything she is entitled to.
If the IVA is only yours, then I believe that any money she gets is hers to do as she wishes with.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Her money is hers as long as she is not in an IVA - good news that your IP has suspended your payments though.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
Hi All,
Not been on for a while but I thought I'd give you an update.
The wife went to see the solicitor who advised her she had a potential case for unfair dismissal but was unwilling to take her on a 'no win, no fee' basis.
With this mind, she has decided she just wants to take the money and draw a line under it all as she doesn't want the stress when she's 29 weeks pregnant. She has been paid all of her maternity in one lump sum which amounts to approx. £4,000 thanks to the tax-man taking a nice big bite. She will also receive the compromise figure of £2,250. This influenced her decision as she didn't want to risk losing a sizeable chunk of all of this if she lost.
My IP has begun the formalities for a payment break but has decided to only authorise a 6 month break. I'm not overly impressed with the idea as it would mean Mrs. Hull_Tiger returning to work when the baby is only 3 months old. I pressed him a bit further and he said he would review the situation in October.
She's still looking for a new job but nobody has even replied to her letters yet but I suppose there are thousands in the same boat.
One really annoying thing is that she has to sign off from JSA this week even though she will still be looking for work! What a ridiculous rule!
Glad that you are getting things sorted Hull_Tiger. Your wife needs to be able to relax and enjoy the rest of her pregnancy now.
I hope your IP is sympathetic to the review in October.
Fingers crossed that she manages to find a new job, and I hope everything goes well when the baby arrives.
Let us know.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
