What happens if someone has breached their IVA because of a windfall & change of income ?

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Gail.wr

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Post by Gail.wr » Tue Dec 10, 2013 5:02 pm
If someone who is in a IVA and has breached their agreement because they have had a 'wind fall' and change in income. What would happen?
 
 

Shining

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Post by Shining » Tue Dec 10, 2013 5:17 pm
Hi and welcome to the forum. I would guess if and when the IP finds out the IVA would fail and as it's a serious matter legal proceedings can take place.

Best not to hide anything as these things have a habit of coming back to us when we least expect it. In respect of income then I would think payslips would pick up any increase, as with the windfall, if it's on the bank statement an IP may recognise this as a windfall. However, I acknowledge not all IP's ask to see bank statements.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

kazzafunk

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Post by kazzafunk » Tue Dec 10, 2013 6:37 pm
Hi Gail - welcome. I agree with Lesley's advice above. Has your IP found out about a windfall you received?
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

luluj

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Post by luluj » Tue Dec 10, 2013 6:44 pm
Upfront and honesty is eessential to a successful IVA. No point hiding things and 9/10 your IP will find out!
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
 
 

mazzamac

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Post by mazzamac » Tue Dec 10, 2013 7:07 pm
I agree. I have taken the step of being upfront with my IP about additional credit taken out and things have got really serious but in the long run the stress of hiding it was worse
 
 

Foggy

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Post by Foggy » Tue Dec 10, 2013 7:09 pm
OK --- can you tell me the nature and amount of the windfall and the income change? And have you still got the windfall monies ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Tue Dec 10, 2013 11:15 pm
I mentioned before that we had a client go to jail for 9 months for that very offence. It is never worth it.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

MelanieGiles

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Post by MelanieGiles » Wed Dec 11, 2013 12:21 am
Is this a hypothetical question Gailm or is this something which has recently happened to you? All cases are viewed on an individual basis by IPs, so it is pretty difficult to give definitive advice on such a wide issue - but in summary if you fail to declare a windfall you will have breached the terms of the IVA in some shape or form, and therefore there are bound to be consequences.
Regards, Melanie Giles, Insolvency Practitioner
 
 

mole

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Post by mole » Wed Dec 11, 2013 1:44 am
Micheal I have a lot of respect for you and your valuable input to this forum. I don't always agree with what you say but you seem a straight and fair guy.

However, surely that is complete *******. You would be unlucky to get 9 months for burglary or GBH

**Post edited. Please remember the ethos of the forum, respect for all**
Last edited by mole on Wed Dec 11, 2013 2:18 pm, edited 1 time in total.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Dec 11, 2013 2:06 am
I am sure that if Michael has made such statement then it is true mole. To suggest otherwise seems a tad disrespectful - and did you really have to make such comments?
Regards, Melanie Giles, Insolvency Practitioner
 
 

luluj

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Post by luluj » Wed Dec 11, 2013 4:51 am
Mole .... Please refrain from using that kind of language on this forum. We pride ourselves on the forum for respecting each other and such distasteful remarks will not be tolerated against other forum members.
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
 
 

Michael Peoples

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Post by Michael Peoples » Wed Dec 11, 2013 10:59 am
I would not make up such a thing and how the law treats different crimes is a totally separate argument. I can assure you this did happen but obviously I will not be publishing the details on a public forum.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

back on track

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Post by back on track » Wed Dec 11, 2013 11:12 am
I tend to believe what Michael says in this instance as a crime involving money always seems to have bigger sentances than robbery or gbh.its as sad reflection on how things are when money crime is seen as more serious than crime that involves pain and suffering.
cc received 6th January 2014 now upwards and onwards
 
 

Michael Peoples

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Post by Michael Peoples » Wed Dec 11, 2013 11:14 am
Mole.
There was a contestant on 'deal or no deal' who won £35k and he did not disclose this to the Official Receiver despite being bankrupt. He was jailed for 13 weeks and if you do not believe me you can google Andy Barker, Deal or No Deal and jail.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Shining

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Post by Shining » Wed Dec 11, 2013 12:17 pm
I don't there is a need for Michael to justify what he is saying and I would like to see Mole remove the offensive word (to some) out of his post.
Last edited by Shining on Wed Dec 11, 2013 1:05 pm, edited 1 time in total.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
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