Could we apply for IVA though dont live in UK

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thur

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Post by thur » Mon Dec 31, 2007 8:49 am
Hi, I currently have around £35000 of debt that i am struggling to pay back! We have recently moved to Australia but we have kept our property in UK and this is currently rented out, we are struggling to make the payments back to UK to cover the debts and are looking at the best way to try and clear these debts asap, any advice you could give would be most appreciated. Could we apply for an IVA even though we dont live in UK anymore?
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Adam Davies

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Post by Adam Davies » Mon Dec 31, 2007 10:31 am
Hi
Yes you can as you have only recently moved and have a property for correspondence etc.
How much equity do you have in your UK property ?
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Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Mon Dec 31, 2007 10:36 am
Hi thur and welcome to the forum

I do a lot of these types of proposal, and as Andy says this is more than possible. Do you have stable employment in Australia, or are you self-employed?

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

thur

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Post by thur » Mon Dec 31, 2007 10:44 am
Hi thanks for the replies, Yes I have moved here to a new permanent job, regards equity in the property we have about 15K, but changed mortgage to leave UK so not possible to remortgage again?? I would like to keep the property for a while if possible so not sure what the IVA involves etc etc please let me know. Thanks
 
 

MelanieGiles

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Post by MelanieGiles » Mon Dec 31, 2007 10:59 am
Hi there

Well you firstly need to choose an insolvency practitioner to represent you, and they will need you to provide them with a lot of information, most of which I can summarise below:

Wage-slips
Property rental agreement
Property valuation for UK property
Mortgage redemption statement
Creditors statements of account
Bank statements
Tenancy agreement for UK property
Statement of income and expenditure
Details of any other assets

I use a standard questionnaire to gather this information, and a lot of other IP's I am sure do the same, so this could be e-mailed to you for completion and returned by post - as original signatitures are required for the authority to liaise with your creditors. Have you had your UK post diverted to Australia, or is someone collecting it for you over here?

So long as the rental income is covering your outgoings, you may be allowed to retain the property, but will need to raise equity on it during the final year of a five year IVA. If you are intending on keeping your UK base, as you may be intending to return here to live at some stage, then that justification ought to be acceptable to your creditors.

The proposal itself will take approximately 6-8 weeks to prepare, depending upon the speed that you get the information to the IP. You will need to sign the documents - but these can also be e-mailed to you, and then a creditors meeting needs to be called, which you do not need to attend. This will take a further three weeks or so. Providing your IP gets a majority vote of 75% of those creditors attending (on value rather than number) the IVA is deemed to be accepted and you then begin to make your monthly payments - electronically by standing order.

There can then be little contact between you and your IP over the next year, so long as you carry on making your payments. At the end of each year there is an overall review of your circumstances, where the IP will decide whether you can afford to increase your payments or not. For the review you will need to provide current wage-slips and details of your expenditure.

At the end of the five years, providing you have made all of your payments and dealt with any equity release (which will be based upon new borrowings of 85% loan to value) then you will receive a Certificate of Due Completion, at which stage you are released from the balance owing to creditors.

This is a very brief summary of what happens, and an insolvency practitioner will be able to explain this in greater detail to you if you decide that this is the most appropriate route to follow.

Good luck and do let us know how you get on.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
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