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Posted: Tue Feb 05, 2008 3:42 pm
by stanman99
within the first few months of starting our iva we had to take a 3 month holiday and were told that those 3 payments would be put on to the end of the iva.
we are now nearing the end of our 4th year and have just been contacted by our ip saying that 2 payments are now due by the end of march or we will be served with a non compliance letter.
we have now sorted the situation and are paying 1 payment(just about)by the end of march and the other 2 by the end of the iva.
were they right in trying to force us to pay what we were first told at the beginning.
we are lucky in not having a 4th yr valuation in our iva and feel sometimes they hold this against us.
Posted: Tue Feb 05, 2008 3:50 pm
by james.c
I think you have to check your chairmans report.
Mine states i can miss up to 3 payments through out the 5 year period, or the IVA will be fail.
If i were to mis 3 then they would have to added to the term of the IVA.
I did have to miss one, but with the advice of my IP, i paid extra every month their after so when it came to my annual review, the figures looked right for the creditors, as if i had not missed a payment.
Posted: Tue Feb 05, 2008 4:30 pm
by ianmillington
When you had the 3 month holiday was your IVA formally varied?
If not, the person handling your case at the time might have exceeded their authority in telling you that the 3 payments could simply be tacked onto the end of the IVA. Was this in writing? Without knowing the full details ie seeing the proposal and the chairmans report I can't be sure but can quite easily see the 3 month holiday being a technical breach of the proposal. Maybe your IP has just woken up to that fact.
That would tie in with what has happened now ie you pay off 1 month now (to get it below the 3 month breach level) and the balance at the end, which would probably be within tolerances.
Ian
Posted: Tue Feb 05, 2008 4:52 pm
by stanman99
I think this is what happened as we have a different person dealing with our case each year and we did not have it in writing it was just the say so of the person dealing with it at the time. At least the person dealing with it this year brought it to our attention before we received a letter from them, which is something I surpose and we are going to pay the other 2 off as soon as we can. only 18 payments to go.
Posted: Tue Feb 05, 2008 5:05 pm
by ianmillington
I think the important thing is that you have been able to fix it.