Car HP

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Jan80

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Post by Jan80 » Thu Oct 18, 2007 1:23 pm
Hi,
Can my Car HP be included into an IVA?
Thanks
Jan
 
 

ray_a

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Post by ray_a » Thu Oct 18, 2007 1:27 pm
I wouldn't suggest it as you could well lose the car!

When I set up mine we excluded it and was allowed to do so.

The reason being is that the finance company had a charge on it anyway!
 
 

Skippy

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Post by Skippy » Thu Oct 18, 2007 1:30 pm
Only unsecured debts can be included in an IVA.

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Oliver

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Post by Oliver » Thu Oct 18, 2007 2:37 pm
A Hire Purchase agreement is a secured loan agreement so it can not be included in the IVA. Failure to continue to pay this loan would likely result in the repossession of the vehicle. You may be allowed a budget in your IVA to continue paying your HP if this is deemed reasonable and necessary. If you did return the car and there was still money owing to the HP company this debt would be considered unsecured and could be included in an IVA.

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Jo Rolland

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Post by Jo Rolland » Thu Oct 18, 2007 2:57 pm
No Hire Purchase is not something that can be included unless you had decided to return the car, which would then be sold on at auction and any shortfall then becomes unsecured.

However, I would check the paperwork you have, as nowadays more and more "HP" agreements are actually fixed sum loans or motor loans but people are lead to believe that they are Hire Purchase. We are finding more and more when people advise that they have HP, when we check the agreement it is a loan.

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iva experts

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Post by iva experts » Thu Oct 18, 2007 3:00 pm
An IVA should include all of your unsecure debts, however if you have a car on HP you will be allowed a provision in the monthly expenditure to pay this each month. If your HP then finishes before 60 months the monthly money will go into the IVA.

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Oliver

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Post by Oliver » Thu Oct 18, 2007 3:24 pm
A very good point. People often can confuse HP agreements with Fixed Sum Loan Agreements. It is important to check the original paperwork to ensure that you have correctly identified whether the loan is secured or unsecured.

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poppy84

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Post by poppy84 » Thu Oct 18, 2007 4:30 pm
we had two cars which we thougth were both on hp,actually when we sent the paper work to our ip at the start,we found out one was hp & one was actually a loan.
The hp we pay every mth & the other is included in our iva.
 
 

Adam Davies

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Post by Adam Davies » Thu Oct 18, 2007 5:16 pm
Hi
Worth remembering that with HP agreements you have the right to return the car after paying a certain amount without any recourse from the lender.
I think this is why most car financing is done via personal loans now.
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Maz

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Post by Maz » Thu Oct 18, 2007 7:35 pm
Yes that's true about mixups with HP and unsecured loans. I had initially assumed my car was HP and it was not allowed as part of the IVA so I had to keep that as part of my allowance but it turned out that it wasn't HP but an a loan unsecured. It is now included in the IVA which means i am now paying more towards the IVA. It means the loan company becomes another creditor who will want their payments from the IVA.
 
 

Storm

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Post by Storm » Thu Oct 18, 2007 7:50 pm
The reason for the motor loan product is to prevent voluntary termination (VT) - most lenders don't want cars back, too much hastle storing and disposing of them.

In percentage terms about 20% of vehicle finance through car dealers is on Fixed Sum Loan agreements the significant majority is still HP.
 
 

Jan80

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Post by Jan80 » Fri Oct 19, 2007 9:17 am
Thank you for all your replies…
So my car hp can be included in my expenses, so am i right in saying that if i haven't got money to do an IVA because of my hp then maybe i should return my car?
Kind Regards
Jan
 
 

MelanieGiles

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Post by MelanieGiles » Fri Oct 19, 2007 9:52 am
That is an option for you Jan, but if there is shortfall you are just going to create another creditors, and how will you manage without a car?

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

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Adam Davies

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Post by Adam Davies » Fri Oct 19, 2007 7:37 pm
Hi Jan80
You need to look at the paperwork to see if you have paid enough of the HP to return it without any penalties,otherwise you will generate a shortfall.
Can you live without a car ?
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Andy Davie
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Jan80

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Post by Jan80 » Tue Oct 23, 2007 7:12 pm
Dear Melanie and Andie,
Thank you for your replies. Unfortunately i am a supply teacher but not always for the same school and need my car to get to and from work. Sometimes i drive 40miles in a day it depends really.
Could return it and put the shortfall into the IVA? Could that be included? then maybe buy a cheaper one?
Thank you
Jan
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