IVA modification question 24 June at 9:57AM in IVA & DRO 1 reply 62 views

johnstandy

Hi,
When my IVA was agreed a modification was entered by the creditors which I agreed to. The modification was:
"

The debtor must seek to obtain Child Maintenance payments from his ex partner. 60% of any monies being received as a result of this must be introduced into the Arrangement for the benefit of creditors."

I had to enter the IVA due to a breakdown in relationship. Unable to pursue a payment from ex partner via CSA due to her no longer living in the UK. I entered the IVA in around September 2019.

To date I think I have been adhering to the modification as I have been communicating and seeking to obtain funds. I have now advised Stepchange that I will be receiving £50 per month from ex partner.

Debts were in the region of £44k (loans and credit cards). I am currently paying back £442.42 each month into the IVA.

 My question is do you think this satisfies the modification or not? I believe it does as I have sought and agreed to the maintenance payments. I was wondering if they could refuse and state it is too low.

Does anyone have any experience of this?

Thanks.

sourcrates

You can only obtain what is affordable for her to pay you, so the IP will either have to like it or lump it, they have no control over what she does or does not do, you are not expected to work miricles, you`ve done more than enough to satisfy their requiements.