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Hi Everyone, I'm just a little anxious because my creditors meeting took place 15th Dec and I'm still waiting for my chairmans report. When is it contractual? is it after I've read, agreed, signed and returned my report? What if I don't agree? I am due to make my first IVA payment 1/1/10 and was relieved and very happy that my proposal was accepted but I have had time to think and one of the terms and conditions that bothers me is that my payments would increase by £150 in 3 months time if my son starts work. He is trying but has so far been unsuccessful bless him! I also feel that even if he does find work taking £150 from him would be cruel as I probably wouldn't ask for more than £80 from him. Declan if you read this can you look into it for me as the original proposal asked me to increase payments by £80 should he find work in 6 months. Can anyone advise? X

Hi Alby I'm in no position to advise you but from what I can remember and the gist of what Melanie said was that that condition was purely nonsense - from what I understood she said that a modification can't be enforced based on a third party who has nothing to do with your IVA (scenario - what if your son found work and leaves home, then what? How could you afford the extra £80 let along £150 (I'm probably wrong, usually am but that's the way I see it). Keep your chin up I'm sure Declan will be along shortly

Thanks Simbel, I feel such a donut as I was so happy about my proposal being accepted. I kind of feel a bit deflated! I'm presuming if he left home they would deduct the household allowance which I think they allowed £80 for him. So I would probably still have to pay the increase but it would be more manageable than £150. I hope Mel is right and these terms and conditions are looked at by DFD. X

You should still feel happy - I'm sure Declan will sort everything out for you.

Hi Alby
I will look into for you straight away.

You should get your report within four days, but of course you have to allow for the Christmas post.

Well they cannot enforce your son to pay, but they can reduce your allowances for him if he does start work - so this will affect your payments in some way.

I suspect that your Chairman's report is caught up in the Christmas post, but the modifications should have already have been provided to you in writing - we speak to clients and e-mail them on the day of the credtiors meeting - so that you had the opportunity to understand and agree them.

Hi everyone, Hope you all had a lovely Christmas. I still haven't revieved my chairman report or a letter confirming outcome. I know it's only the first day of post after the festive hols so maybe I'll get something in the post tomorrow. I'm still presuming it isn't contractual until I've signed and posted back so I'll try not to worry too much at this stage. My first IVA payment goes out on the 1st January then hopefully I'll begin my journey to debt freedom. I've lots to learn and I've still not got the hang of not overspending as I spent more than I should over Chrismas. I've now got to seriously pull the belt in to survive January till payday lol! Just as well I can't borrow as I probably would have done. So, here's to budgeting. XXXX

It is contractual from the time that your IP declares the IVA as accepted - in my firm we e-mail our clients the modifications on the same day as the meeting and can therefore confirm this on the same day. But you are right in believing that the IVA should not be accpeted until you confirm this in writing.

I would give the firm acting for you a chase to see what is happening - as you may not yet have a valid IVA to rely upon.

You'll soon get used to budgeting Abby!

Hope your report gets to you soon.

Happy New Year to all! Ok, well I received my chairmans report Yesterday (Saturday) read through it again today and I am a little concerned because on the modifications it actually states the following:- A minimum of £150pm to be contributed by the non dependent for board and lodgings within a maximum of 3 months of the commencement of the arrangement.
If I sign and return this report then I'm agreeing to do this. What if my son doesn't find work in this 3 month time scale? What if I feel £150 is a lot to ask from him? Also I use a babysitter to look after my daughter at times when i feel my little girl needs an adult and my son looks after her other times. I pay around £100 in baby sitting fees which is cheap in comparison to child minding charges. I cannot use child minders because depending on my shifts i leave home at 5.30am on an early and late shifts i arrive home at around 10.40pm. I also do nights, so if my son was to leave home or he wasn't here at all then babysitting fees would go up as I'd need to use them more, resulting in less surplus resulting in a failed IVA. Sorry for ranting, I have a day off tomorrow (toady) I think I need to call DFD for help before I sign. Does anyone know what happens if you don't agree. When I spoke to DFD following my creditors meeting I asked what happens if my son doesn't find work and she said I was to just keep them informed but this was not included in the letter I got so I feel signing my name to agree would be a wrong move as it stated the maximum time of 3 months to do this. Sorry ranting again! lol! I'm just confused and don't want to fail. I understand the creditors wanting a higher dividend, wanting a much back as possible but putting this pressure on doesn't help anyone. X

Alby, don't worry about ranting - we all do it!

You do need to speak to DFD about this, particularly the way the job market is at the moment. Who knows if or when your son will get employment?

Hopefully Declan from DFD will be back on after his Christmas break and can advise.

It is ridiculous for creditors to set a contractucal term over something outside of your control, and you should be careful about agreeing to this. I suggest that your IP gets the creditor to modify this to the extend that your son will pay a fair board and lodge - proportionate to any future earnings he may have - as and when he finds work. Alternatively get something in writing from your IP as to how they intend to police this modiciation in future so you know exactly what you have committed to do.

Hi and thank you for your advice and support helen, mel and kalis. Just come off the phone to DFD, I spoke to a lady who tried to reassure me that should my son not find work or earn too little to pay £150 they would deal with it then (not exact words but thats the jest). I told her I was not comfortable signing something thats confirms I'd be agreeing to do but I understand its the creditors modification and not DFD. I asked to have something in writing to say that should the increase of £150 not be possible then I won't be obliged to pay it (again not exact). She told me that all calls are recorded and they don't normally send such letters. I told her again that I won't sign the chairmans letter as I feel uncomfortable signing something I don't agree with and told her I felt pressured and didn't know what to do. I asked again for something in writing to reassure me and she said she would do this but would have to seek advice first. Hopefully this will be sorted. Please Declan if you read this, can you look into it for me? I almost feel like I'm making a fuss as the lady said it would be dealt with on month 3. I just don't want to be constantly nagging my son, putting pressure on him to pay money for something that isn't his fault. I agree that should he find work then he should pay board and lodgings but to honest I wouldn't ask him for £150 a month. DFD originally proposed my IVA payments to increase to £80 a month on month 6 should he find work. I agreed to this as it was a much more reasonable amount to ask a lad in his first job. He has no relevant qualifications, the job market is very competitive but he is trying hard. It makes him sad when he goes out with his cv's and hears nothing. Declan if you're able to please help! I would ideally like the creditor to re-word this modification so that it doesn't seem so severe. The lady also said it's not stated in my payments but surely on month 3 that would change. X

Hi Alby, I'm sorry you're having this added stress, and I don't blame you for not signing if you're not sure.

Hopefully Declan will pick up on this, but if not his contact details are in his profile x