borrowing funds to settle my IVA

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PoorbutHappy

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Post by PoorbutHappy » Mon Feb 12, 2007 11:40 pm
My Current IVA is around £400 per month. In August I will be at the 16/60 stage.

I may however a relative has suggested I may be to "borrow" funds from them in order to settle my IVA. Is this possible? How much would I need given that 44 x £400 = £17,600?

The £400 represents 25% on £52K

10 down. Getting there.
 
 

neverending

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Post by neverending » Mon Feb 12, 2007 11:59 pm
m.d
I asked my IP to supply a figure that they felt was fair and reasonable.Given that you are only paying back 25p dividend then you will,I feel,need to offer this in a full and final figure.You will save IP fees of approx £1200 per year plus vat,so if you were to offer a settlement at the end of your second year you would save approx 4k on fees.However I have noticed that my IP is charging both a variation fee and completion fee totalling £2250 plus vat so the saving may well be only 1-2k,leaving a figure of 16k needed.
Speak with your IP
Andy Davie
 
 

MelanieGiles

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Post by MelanieGiles » Tue Feb 13, 2007 1:20 pm
If I were your IP, I would work out a settlement figure for you much the same as Neverending has suggested - however I am curious as to what is being charged as a "completion fee". Could you clarify that please Neverending?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

neverending

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Post by neverending » Tue Feb 13, 2007 11:06 pm
Hi Melanie
Yes I have closure costs of £1k plus vat.
My total input is £37,242 and the amount made available to creditors is £20,767...............£16,474 in fees over three years.
Once my certificate of completion [if] is framed on my wall I am thinking of challenging their fees via the IPA,What are your thoughts ??
Andy Davie
 
 

MelanieGiles

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Post by MelanieGiles » Tue Feb 13, 2007 11:11 pm
What!!! Those fees are extortionate! Can you break them down into the following.

Nominee
Supervisor (per year)
Variation
"Closure"

Also, were there any complications with your case - need to review trading accounts (I'm sure not as I think you are employed?), or lots of creditors?

They are very high - and I am amazed that creditors would have accepted them. A difficult one for you to challenge, as the fee basis is contractual - and usually now fixed within the IVA proposal. If the IP clearly stated his basis for the fees, and creditors accepted them on that basis, then there is little you can do apart from be cynical.

I personally think it is cheeky charging £1k for a closure fee when they have probably already been paid this year's fee! Who is the IP?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
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neverending

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Post by neverending » Tue Feb 13, 2007 11:24 pm
Hi
I don,t think my case has been unduly difficult.
I am employed,and was advised fees would be £2500 to set up IVA and £1200 a year to admin it.
Had a long drawn out corrospondence over £200 that tax credits had paid into a Lloyds account post IVA that was part of the IVA.In the end i had to get the banking ombudsman involved but didn,t realise that my IP was charging me for all the letteres backwards and forwards.
Have had one variation meeting prior to the one on the 9th March when my wife had to give uo work and have had the various references regarding the mortgage.
When I asked for permission to obtain a mortgage they gave me a favourable reference for the lender then a year later sent me a letter stating that I may go to jail because I had not told them that I owned a property !!!!
Maybe you can see why I am a little bit of a sceptic sometimes.
Company is Tony Freeman +co
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Andy Davie
 
 

MelanieGiles

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Post by MelanieGiles » Tue Feb 13, 2007 11:37 pm
I cannot equate those numbers to fees of >£16k! Did the Supervisor manage to get his fees agreed on a "time-costs" basis rather than fixed fees? If so, that suprises me, as fixed fees have been more common over the last few years - I have always done my IVA's in this manner, in order to create certainty of return of dividend for the creditors.

If the fees are based upon time spent (we cynically refer to that as the "open cheque book" approach) then you may potentially have a case for being overcharged - and as you are re-mortgaging to effect a settlement, you are effecively paying those additional fees.

I would not leave your challenge until the IVA has concluded. But I would also let the variation meeting go through first - you don't want to upset the IP before that! Your best bet is then to challenge the basis of the fees with him directly. I do not know this firm, but they look like a small firm of mixed practice accountants based in Manchester. Nothing wrong with that as long as they do the job properly.

If you do decide to go to the IPA, you will need to demonstrate that you have taken steps to raise these queries with the IP directly, and have not been answered satisfactorily. Ask the IP for a detailed note of his time charged - most IPs should keep a computerised time recording system - so you can see how much time and by whom has been charged.

If you were a client of mine, I would expect that fees of approx £5,000 would have been charged. We do charge a variation fee of between £1,000 and £1,500 depending upon the complexity of the case, but this still needs to be agreed by creditors.

I wonder what creditors will make of those fees at the variation meeting!!!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

neverending

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Post by neverending » Tue Feb 13, 2007 11:48 pm
Yes they charge on a "time cost" basis and I have had corrospondence regarding their fees before but as I have stated on this forum I am concious of racking up fees each time I write to them so I have just tended to "stick"at it over the last year.
I think I will go to the IPA after its completed[hoping]not to get any money back,as the money that I am using to conclude the IVA is equity built up over two years and not my hard[very]earned money,but to just show that I have been unfairly charged.
This is why I post Melanie so that others do not fall into the type of IP firm that I have,and I thought that I was a fairly switched on guy !!
Andy Davie
 
 

MelanieGiles

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Post by MelanieGiles » Wed Feb 14, 2007 12:04 am
Your input is, as ever, much respected and received with gratitude.

I am glad to note that "time-cost" based fees are now largely a thing of the past - this is one thing I feel that creditors have done right over the last few years. The problem now is that they are squeezing IP fees to ridiculous extremes, that will force many "fair-players" to exit the marketplace as they will feel this work is not viable.

But then I could go on all night about that.....

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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