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    • hey evryone i am 16 years old and today i was caught by a undercover guy and have seen people recieve letters and letters demanding money from rlp i have been told i will recieve a fine of 300 pound which is ridiculous for a 2.50 powder however i would like to know should i ignore these letters or not im pretty sure my mum will bow down to the pressure of the constant letters however i wont and want to know if these people actually are legit or shuld i ignore
    • Hi, thanks for your replies, I wrote to them & this is the reply:   Thank you for your correspondence received on 16 October 2019, concerning the above Penalty Charge Notice. Contravention I have viewed your mitigation and the evidence of the Civil Enforcement Officer on the day in question. The issue is that you parked without clearly displaying a valid pay & display ticket or voucher. Mitigation Whilst you state that you ‘tried to buy a ticket using my card but both machines would not accept a card payment’, there is also the option to pay by phone using the RingGo app if you do not have any cash with you. A grace period of minutes is given to allow drivers time to purchase a ticket, the Officer on patrol observed your vehicle from 12:52 – 12:57 before correctly issuing a Penalty Charge Notice. Conclusion It remains the responsibility of the driver to ensure that there is a parking session in place before leaving their vehicle parked. With this in mind I have upheld the Penalty Charge Notice and rejected your challenge. I will still accept the discounted amount of £25.00, provided payment is received within 14 days of the date of this letter. Payment can be made by post to the address
    • Hello all, hope you are all. Its been rather quiet on the a western front until today. I've received Directions of Questionnaire form N180 in the post. I've still had no copy of cca or cpa that I requested back on 20th August.    Please can you advise me how to proceed now   Thanks in advance Michelle
    • Hi - Quick update. I've spoken to the Holiday Inn Express and they told me to write to them explaining what happened and they'll get the charge cancelled, even though it's a DR+ letter, they confirmed they will talk to PE. It'll take about 4 weeks to cancel. I've sent that off. Have I done enough (for now)? I won't assume this has worked until I get a formal confirmation back.   The other suggestion you had was to write a short 2-liner to PE to ensure they have my correct address as they have failed to get any correspondence to me to date. Should I still do that in parallel? Belt and braces.   Finally - I'm still sitting on my snot-letter to PE re GDPR request. Again - sit on that still for now? If nothing else it gives them work to do that they can't ignore and proves they have my correct address details (or not)   As you might be able to tell, I'm a fan of several lines of attack, but I'll be guided by experience....   Many thanks Choco 
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Individual Voluntary Arrangements (IVAs): A brief guide - updated 21.09.2015

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What is an Individual Voluntary Arrangement?

An Individual Voluntary Arrangement (IVA) is a legally-binding arrangement to pay an agreed amount off your debts over a set period. Any unpaid parts of the debts that were included in the IVA are written off when the arrangement is completed. An IVA can be set up in a number of different ways. It can either be a monthly instalment plan over a fixed term (normally five years), or a short term arrangement if you have a lump sum to put forward. Some IVAs are a mixture of both instalments and a lump sum.

 

Is an Individual Voluntary Arrangement suitable for me?

An IVA may be a suitable option for you if you have:

• money available every month to pay towards your debts;

• a lump sum or assets that could be included; or

• a combination of spare money each month and assets or a lump sum.

 

For an IVA to be a realistic option, you would normally need to have:

• at least 3 debts totalling £15,000 or more;

• two or more different creditors; and

• be able to pay back at least 20p for every £1 of the debt that you owe to them.

These criteria are a guide only. You may still be able to consider an IVA even if your circumstances fall outside of these guidelines

 

What debts can be included within an Individual Voluntary Arrangement?

You can include most types of debt in your IVA proposal, but bear in mind that your creditors may object. You can include priority debts such as council tax arrears, tax debts, fuel debts and so on. However, you cannot include:

• maintenance, or arrears of maintenance, ordered by a court;

• Child Support Agency arrears;

• magistrates' court fines;

• mortgage, secured loan or rent arrears unless your lender or landlord agrees (which is unlikely); and

• student loans.

 

How do I set up an Individual Voluntary Arrangement?

An IVA has to be set up by an Insolvency Practitioner (IP). An IP is usually an accountant or solicitor who is authorised to set up IVAs. The IP sends the IVA proposal to your creditors and arranges a formal meeting called a ‘creditors meeting’. At the meeting creditors have to vote on whether to accept the IVA. The proposal has to be accepted by more than 75% of the creditors who vote ‘by value’ for it to become legally binding on all your creditors. ‘By value’ means voting creditors who hold more than 75% of your total debt, not the number of creditors you have. This means that if the creditors to whom you owe the highest amount vote against the proposal, the IVA may not go through. Sometimes creditors will ‘haggle’ about the terms of the IVA and ask you to agree to pay more every month, or include assets you do not want to lose. They may ask you to make payments over a longer period. However, you have to agree to these changes being made to the proposal. If the IVA is agreed, your IP will supervise the arrangements and make sure you make the payments. Most IVAs follow a set of rules known as the IVA protocol. The guidelines cover how a straightforward consumer IVA should be put together and how the Insolvency Practitioner should behave. The protocol has been set up to make the IVA process quicker and simpler for Insolvency Practitioners, creditors and for you as the applicant.

 

What about my home?

If you are a home owner, your IP will normally want to include a special section within your IVA proposal called an ‘equity clause’. This means that during the IVA (normally in year four) you would be expected to apply for a secured loan or re-mortgage to pay back some of the debt. If you cannot do this, your IP may want you to sell your home instead. However if your IVA follows the IVA protocol, there is some protection. If you are able to re-mortgage or get a secured loan, then the repayments should be affordable. You should also be left with equity of at least 15% of the value of your share of the property. For example, if you are the sole owner of your property and it is worth £100,000, you should be left with at least £15,000 equity after remortgaging. The protocol says that, if you are unable to get a re-mortgage or secured loan, you can keep paying instalments under the IVA for an extra 12 months rather than selling your home. Alternatively, a third party such as a family member or friend could pay a lump sum to the IP. This lump sum would need to be 85% of the value of your share of the property (after the value of your share of any existing mortgages and secured loans has been taken away). If you are unable to maintain the payments on your IVA there is a risk that you may be made bankrupt, which could result in you losing your home.

 

Will I be charged for my Individual Voluntary Arrangement?

Fees vary between different firms, but typical fees can be £4,000 or more. These fees are usually taken from the monthly payment you have agreed you can afford to make to your creditors.

 

What if my circumstances change during the term of my Individual Voluntary Arrangement?

If your circumstances change, you must tell your Insolvency Practitioner. If you are unable to keep up with your payments, your IP can ask the creditors to accept lower payments and agree a ‘modified’ IVA. The Insolvency Practitioner may charge you a fee for doing this. If you cannot make any payments or your creditors refuse to accept lower payments, your IVA may fail. If this happens, the IP may allow you to consider other options. The IP is able to petition for your bankruptcy, but this will not happen in all cases.

 

Key advantages of an Individual Voluntary Arrangement

• Repayments stop at an agreed date and you will usually pay less than the full amount you owe.

• You may be running a small business which would be difficult to keep going if you were bankrupt.

• You may be in a profession where you could lose your job if you go bankrupt such as accountancy, the police or armed forces. But be careful, in some professions your employment may be affected by an IVA. Check with your professional body and check your contract of employment.

• You may have access to a large lump sum and want a formal arrangement with your creditors to accept the lump sum and write off the rest of the debts.

• You will not automatically lose your house or other assets.

• You will not have the same restrictions on you as you would have if you went bankrupt. For example, you can usually still use your bank account without saying you have an IVA.

 

Key disadvantages of an Individual Voluntary Arrangement

• If you do not keep to the terms of the IVA then the insolvency practitioner (IP) or your creditors can take further action against you, for example by making you bankrupt.

• If creditors do not accept the IVA proposal, you are back to square one and your creditors can carry on trying to pursue you for your debts.

• If you paid an up-front fee for your IVA and it is not accepted, then you will have lost the fee and may be in a worse position than when you started.

• If you own your house, the IP and creditors may make you agree to re-mortgage your home as part of the IVA.

• There is a risk that the IVA is agreed on the basis of monthly payments that you cannot afford over a long time. You must be very careful that the payments are set at a realistic amount in the first place.

• If your circumstances change and you can no longer afford the payments, your IVA may end if the IP cannot persuade the creditors to accept a new agreement.

• The IVA will be recorded on your credit reference file for six years and can affect your ability to get further credit.

• The IVA is also recorded on the register of insolvencies. This is a public database which can be searched via the internet.

This guide is a shortened version of the Individual Voluntary Arrangement fact sheet. You can view the full version by clicking this link.

Click here for more general information on insolvency from the Insolvency Service.

 

https://www.nationaldebtline.org/EW/information/individual_voluntary_arrangements/Pages/iva_advice.aspx

 

This information only provides a brief overview, it should not be considered as full Individual Voluntary Arrangement advice. If you believe that an Individual Voluntary Arrangement is likely to be the best option to help you with your debts it would be vital to seek impartial advice from one of the debt advice charities such as the Citizens Advice Bureau, Stepchange, Christians Against Poverty or ourselves.

Edited by Andyorch
Link updated

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2150 days.

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