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Can I challenge an IVA rejection on the grounds of unreasonableness. |
Submitted on: 1st Oct 2009 by Non-Member | Total Answers: 1
My second IVA application was refused because we included the private education school fees My daughter is 8 and a half years old. She has been in private education and at this school for the past 5 years. She knows nothing else and she would not be able to cope wit the transfer at this stage. She is also slightly advanced for her age and willl be sitting the 11+ in January 2012 at the age of 10+
Re: Can I challenge an IVA rejection on the grounds of ...
Hi, I think you called the Debt Advice Foundation just now, you told me you had posted on talkabout debt.
Firstly your nominee insolvency practitioner is your professional advisor and you should be speaking to them, after all - you are paying them.
Although I can't give a full answer I can tell you there is precedent even in bankruptcy for keeping a child in private school for a year or so.
http://myvesta.org.uk/video/interview-insolvency-service/will-i-be-force...
There is some discretion.
However...
Private school is seen as a luxury expense and in an IVA its likely (and natural) your creditors will object to it.
You told me your alternative is bankruptcy and it is highly unlikely (due to negative equity) your creditors will get any money from you if your IVA isn't accepted. They should be making a business decision on that basis.
Discuss this with your IP, who's name should be on your IVA proposal.
You can find his/her email address using this search at the www.insolvency.gov.uk
http://www.insolvency-service.co.uk/newipsearch.htm
If your IP can't help you we can look at alternatives to the IVA at the Debt Advice Foundation
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