Can an IVA be cancelled due to too much salary

Get expert opinion. This is the place for new questions to be posted.
6 posts Page 1 of 1

Carra_Rud

Posts: 10
Joined: Fri Mar 15, 2019 7:16 pm

Post by Carra_Rud » Tue Oct 22, 2019 12:03 pm
Hi,

We entered into an iva back in March and since then our payment has increased due to a pay rise in June. Now my wife has been given a promotion with an extra 10k a year included. Clearly our payment will increase again so my question is if the payment per month we pay into the iva over the remaining period of it equals to over what we owed creditors on the initial report, could our iva be cancelled and we go back to owing each individual company any outstanding balances and interest?

Regards

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Tue Oct 22, 2019 12:20 pm
Once you have paid the full original debt, plus fees and possible statutory interest the IVA will end if this is before the anticipated end date.

You can, if you so wish, allow the IVA to fail -- it will not be cancelled. In this scenario your creditors will add back 'lost' interest and possible charges and pursue the debt as they see fit --- you will probably have to pay back more than you originally owed, even if they all co-operate. What you have paid so far will be lost to fees.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

Carra_Rud

Posts: 10
Joined: Fri Mar 15, 2019 7:16 pm

Post by Carra_Rud » Tue Oct 22, 2019 12:24 pm
Tue Oct 22, 2019 12:20 pmFoggy wrote:
Once you have paid the full original debt, plus fees and possible statutory interest the IVA will end if this is before the anticipated end date.

You can, if you so wish, allow the IVA to fail -- it will not be cancelled. In this scenario your creditors will add back 'lost' interest and possible charges and pursue the debt as they see fit --- you will probably have to pay back more than you originally owed, even if they all co-operate. What you have paid so far will be lost to fees.
Clearly, failing our iva would make us worse off in the long run, so as long as the creditors can't say you can pay us back more if you weren't in iva, we should stay as we are, correct?

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Tue Oct 22, 2019 12:43 pm
Tue Oct 22, 2019 12:24 pmCarra_Rud wrote:
Tue Oct 22, 2019 12:20 pmFoggy wrote:
Once you have paid the full original debt, plus fees and possible statutory interest the IVA will end if this is before the anticipated end date.

You can, if you so wish, allow the IVA to fail -- it will not be cancelled. In this scenario your creditors will add back 'lost' interest and possible charges and pursue the debt as they see fit --- you will probably have to pay back more than you originally owed, even if they all co-operate. What you have paid so far will be lost to fees.
Clearly, failing our iva would make us worse off in the long run, so as long as the creditors can't say you can pay us back more if you weren't in iva, we should stay as we are, correct?
Correct. At the end of the day they are going to get more than they signed up for and might even get it earlier than expected, so they will be benefitting anyway.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

Carra_Rud

Posts: 10
Joined: Fri Mar 15, 2019 7:16 pm

Post by Carra_Rud » Tue Oct 22, 2019 12:49 pm
8)
Tue Oct 22, 2019 12:43 pmFoggy wrote:
Tue Oct 22, 2019 12:24 pmCarra_Rud wrote:
Tue Oct 22, 2019 12:20 pmFoggy wrote:
Once you have paid the full original debt, plus fees and possible statutory interest the IVA will end if this is before the anticipated end date.

You can, if you so wish, allow the IVA to fail -- it will not be cancelled. In this scenario your creditors will add back 'lost' interest and possible charges and pursue the debt as they see fit --- you will probably have to pay back more than you originally owed, even if they all co-operate. What you have paid so far will be lost to fees.
Clearly, failing our iva would make us worse off in the long run, so as long as the creditors can't say you can pay us back more if you weren't in iva, we should stay as we are, correct?
Correct. At the end of the day they are going to get more than they signed up for and might even get it earlier than expected, so they will be benefitting anyway.
8)

luluj

User avatar
Forum Expert
Posts: 11333
Joined: Sun Dec 09, 2007 6:54 am
Location: United Kingdom

Post by luluj » Thu Oct 24, 2019 5:12 pm
Great increase and one at the of your iva you will benefit from fully, until you will get to enjoy your share of the pay rise ....
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
6 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”