Looking for some advice please?

had-enough-now

Hiya,

I'm hoping someone can give me some advice.

I'm posting on behalf of my best friend who is extremely upset over this.

Bit of background. Her mum is about 8 months in to an IVA paying £425 a month. My friend signed a form at the point of the IVA saying she is giving her mum £565 in keep a month which covers the iva payment plus bits towards the council tax, gas, leccy, etc. Mum's got a mortgage on the house too which she pays separately to the IVA which is £700+ per month.

Mum is using emotional blackmail to keep my friend in the house and its destroying her. She wants to move in to her own house with her fiance but its proving impossible. Mum's said that if she moves out, she's going to go to Turkey and walk away from everything and she'll never hear from her again!

Apparently, she's already been in touch with her IVA provider who has said that they won't change the amount being paid, and that they will fail her IVA if she does, passing all debts back to the creditors, and that the creditors can then apply to make her bankrupt, which would result in her mum loosing her job as she works for the tax office. Personally, I think this is scare mongering on the part of the IVA provider.

What I really need to know is, can she ask for her circumstances to be reconsidered and the iva to be re-done? Or can she go to a different IVA provider with the lower income and start it again? Or is my friend just going to have to suffer for the next 4+ years till the iva's completed?

Thanks in advance for any replies.

Ellie

Xxx

Charco_2

What I really need to know is, can she ask for her circumstances to be reconsidered and the iva to be re-done?
She can of course. Something that IVA providers seem to forget is that an IVA proposal belongs to the individual in debt. It is their proposal. If your circumstances change then inform your IP and see if there is anything that can be done. However, the IP has a duty to advise whether a proposal is viable, and if it really is the best option for all involved... The original proposal promises a set return for the creditors (X pence in the £) and if this is not going to be achieved then the proposal may fail - unless the creditors agree to accept the changes which obviously involves a new creditors meeting (like the one that agreed the proposal in the first place!)