Then you need to be firm with your IP and ask them to put forward a suitable variation to your creditors. If they refuse to do this, you may need to seek legal advice as the IVA may well have already failed.
When i spoke to my ip i explained that i had started full time work and that i was in a position to start to make payments from next month,she said that they had failed the iva and the ball was in my court now and they cant accept any payment.
She said we can still help you if you want us to regarding setting up a new iva/dmp or going bankrupt.
I think i will go down to my local CAB and get some advice from them and take with me the letter from payplan saying that the iva as failed.
Unhelpful, inflexible, and hardly acting in the best interests of your creditors. They may be right technically, but if I were you I would not look to another firm to help you review your options.
I think it is really bad of Payplan to have done this.
Let us know how things pan out Tony. I'm with Payplan and have a personal interest in how they deal with these things.
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
Spoke to payplan this morning regarding them making me bankrupt and they say they wont do it because there isn't any money left in the pot.
They have had about £15000 paid into the iva over the past 3 years,they say they will send me a letter with what has been paid to who and when,they just dont seem to want to know now they have failed the iva.
I think this is a disgrace and the fact that you have paid in £15k over 3 years you are just going to have to start again? This cannot be right and I would either contact them again and ask them to take what you have paid as full and final or seek legal advice.
I for one would be extremely angry if I got to that point and then had to look at starting from scratch!!! [:(!]
Its not right Ray,the payment break ran out in august(they wanted me to sart paying again from september)but i told them i was still unemployed,as soon as i got my new job(19/10/09)i phoned to tell them i could start to make my payments again and they said a letter was is in the post explaining the situation of the iva.
The letter dated 19/10/09 says
I regret to inform you that your IVA has failed.I have contacted the county court and the creditors involved in your arrangement and informed them that it has failed.I have enclosed a copy of my final report filed in the nottingham county court.You are no longer protected from your creditors and they are now free to take what action they consider appropriate to recover the debt owed to them.
All they keep telling me is they can advise me on a DMP a new IVA or bankruptcy,they will not entertain me carrying on with the iva.
In that case seek legal advice, maybe contact your local CAB. You have paid 15k in over 3 years and in my personal opinion based upon your circumstances you have done all you can to make this IVA work and they should take what you have paid in as final settlement - end of.
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
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
