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Hi everyone hope you can help.

 

I have had a IVA for about 6 months now and haven't had any problems, all running smoothly uptil 2 months ago when I got a AOE added to my wages. It has taken a couple of months to nail down who it is and since then I have had two more lots of wages minus the money this company is taking.

 

The thing is I included the company in my IVA but they decided to pass my case to some law firm. The IVA was all agreed and put into place but because the law firm didn't know about it (the company they are dealing with didn't bother to tell them) they still proceeded with the AOE.

 

Now I have all this information I have been told by the law firm that the only way I can get this AOE off is if I apply to the court myself rather than my debt company. In theroy I have been overpaying for the last 3 months (£100 each month) so do I get that back or have I lost that? Also how do I go getting this sorted. I went for a IVA as I was sick of being in debt and wanted to pay something back and get debt free. But if I have this still attached then that isn't going to have for over 7 years when the IVA has only 4.5 years left to run.

 

Since this was the largest debt out of the lot I beleive they would have said yes to the IVA and made up part of the 75% or more needed for approval.

 

I need to know what to do now as I am paying £100 plus my IVA every month and it is leaving me struggling with all my other bills etc.

 

Thanks you for your time.

 

 

Jason

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You need to speak to your supervisor of your IVA and explain the situation about the a

AOE. The creditor is bound by the IVA so the supervisor needs to be aware they have gone against this.

As always please check and double check what myself and other Caggers inform.

 

If you like my Post please dont be shy give my Scales a little tickle :-)

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  • 2 weeks later...

In an IVA, if the debt relating to this AOE was included within your proposal, they should not be able to present any legal proceedings, and if they have, your IVA company should contact them directly to find out what has happened. You state that the law firm wasn't informed of the IVA, does this mean the debt has not been included in your IVA?

Usually, if someone gets an AOE before the IVA is set up, the AOE is over ridden by the IVA, as the debt is included within the arrangement and you would not need to make both the IVA payment and the AOE payment.

IVAs only last 5 years - 6 at the most, so it will not go on for 7 years. I would suggest contacting your IVA company to inform them of this debt, and AOE order, and they will be able to advise you. If the debt has not been included in your IVA up until now, it is at your other creditors discretion as to whether they would want to continue or fail your IVA, dependant on how large the debt is that would need adding into your IVA. Usually, if the debt is more than 15% of your total debt, the IVA would need to be pulled and the debt included and re-proposed to creditors.

 

All the best

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