can I do iva when I have agreed reduced payments?

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stuart

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Post by stuart » Wed Jan 17, 2007 1:12 pm
Myself and the wife are looking into an IVA after both been made redundant over three years ago. I am now working full time again, and have agreed a reduced payment with two of my four creditors (those two been the biggest monthly payment). Could we still go for an IVA even though we have this agreed reduced payment in place? Also, my ex-wife is currently going through the process of CSA; i do not have the final figure for this yet, but after agreeing to an IVA figure, could this be reduced further if my income drops significantly? Many thanks
 
 

Oliver

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Post by Oliver » Wed Jan 17, 2007 1:24 pm
Hello Stuart and welcome to the forum.

If you are insolvent, i.e. you have neither the assets (i.e. house or car etc...) to cover the debt or the money to pay your monthly commitment and afford to live reasonably, you will be eligible to propose an IVA.

I would assume that you have an informal agreement with your creditors which will allow either of you to walk away from this at anytime.

An IVA isn't always the best solution for a debt problem so I would recommend that you talk with several debt experts who can advise you on the best solution to your individual circumstances.

As far as the CSA payment is concerned, this is a legally binding court order, so you will need to maintain this. It can be included as part of your expenditure budget in an IVA and as a rule of thumb I would predict that you will be required to pay c15% of your income to it. You will still need a disposable income big enough to satisfy your creditors. You will need to pay your creditors as much as you can but the minimum requirement is usually a 25p in the £ return on the money they lent plus the associated Insolvency Practitioner costs charged for the set up and maintenance of the IVA.


Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
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Best Regards
Oliver
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jan 17, 2007 6:13 pm
Hi Stuart

Good practical advice there from Ollie again, but tell me is your wife pursuing a CSA claim from a former partner. If this is the case, then any monies received will need to be treated as income for the purposes of calculating monthly disposable income available to creditors.

Good luck and let us know how you get on.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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