IP supervisor suddenly enforcing guidlines 4yrs into IVA

chrisms84

I'm 14 months away from the end of my IVA.

I've had a payrise, so as expected, it's been taken into consideration at my recent annual review.

The issue is that the Supervisor of the IVA is quoting for the first time during my IVA "StepChange budget/guidelines", because a few items in my I&E have exceeded them (not by much, I might add).

This is no different from last year, as in those items exceeded said guidelines quoted last year too.

The Supervisor has stated that the excess I have gone over the StepChange budget/guidelines is being counted as additional surplus monthly income, along with that which has become available due to my payrise.

The net effect is actually doubling my monthly contribution, going from £200 p/m to £400 p/m. If 50% of just my surplus income was taken into consideration, it would only go to £300 p/m.

That aside... I've queried why these guidelines are only now being used, and surely if they're "guidelines" they're not necessarily needed to be taken as concrete and enforced, aka just a guide. If that is the case, why are they only now applying them to my IVA and situation?

The inconsistency and lack of communication of such guidelines is really awful, and feels like they're taking advantage of the increase in contribution due to pay rise at annual review to sneak this in too and get me for an extra £100 p/m by suddenly using and enforcing these so-called guidelines. for the first time ever.

Any help/advice would be greatly appreciated.

fatbelly

chrisms84 wrote: »

The net effect is actually doubling my monthly contribution, going from £200 p/m to £400 p/m. If 50% of just my surplus income was taken into consideration, it would only go to £300 p/m..

That's what you need to complain about.

Only 14 months to go so you have to try to minimise the damage and get to the end now.

Here's debt camel's guide to complaining about your iva

https://debtcamel.co.uk/complaint-iva/

PrettyKittyKat

They are right that the guidelines should be adhered to, however they are not concrete and it is possible to exceed them. Usually this is done at the proposal stage with an explanation as to why they are bigger in the proposal.

You, of course, are not to know what the amounts on the guidelines are so trust their professional expertise to update accordingly. If they have updated the expenditure above the 'guideline' amount then this is an error on their behalf - and I think you need to complaint about their incompetence in regard to this.

Furthermore, I am guessing the annual report was sent with the higher expenditure on last year? Did this report say the I&E had been reviewed? The creditors have therefore been made aware of the higher amount so if they had an issue with it they have been able to contact the IVA company, which I guess they haven't.