I am currently in an IVA. I got a call from the company in October stating I should have been paying £60 more than I was a month. I explained that I had moved in with my partner and 4 children and it was not affordable to increase thse payments. I asked for a variation meeting of the creditors, but as a variation had already been applied previously they weren't willing to go to the creditors as they said they wouldn't accept it. The agreement had already been extended to 69 months. It was at this point I stopped paying into the IVA. I got a letter last week saying I had failed the IVA and that next month there would be a meeting of the creditors to decide what to do next.
I email my IP personally, who then got someone to call me up yesterday saying that they had clearly made a mistake and they could have looked into the situation and sorted this out a long time ago. He wanted of household income/expenditure and once he had that would call off the meeting and arrange for a variation one. He was proposing to go back to the creditors with whatever disposable income I had and have it extended to 72 months (max for an IVA) he mentioned that creditors might come back with 80 months which is over the maximum time for an IVA. I don't see why I need to punished for stopping the payments when they clearly were at fault and coule have sorted this out ages ago. Can they even demand that it goes to 80 months and surely the company should be paying my arrears due to there incompetance. Can you please advise
It would be unusual for the IVA to be extended to 80 months and hopefully your IP will fight your corner at the time of the meeting. Call the variation and see what happens. If creditors demand too much you can always petition.
If you feel you have been unfairly treated you would need to go through the company's internal grievance procedure. However, before you do that you should possibly see how the variation goes as you may not be too badly affected. I am sure your IP will want to do their best for you and get the IVA closed down as quickly as possible.
