Could you advise if this is common practice.

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jacqi.d

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Post by jacqi.d » Tue Jul 22, 2008 6:24 am
I already have an IVA in place, however, at the initial creditors meeting the creditors accepted 48p in the pound. When the resettlement figures were received from the creditors the amount they are now being paid is 64p in the pound. Could you advise if this is common practice.
 
 

Lisa2009

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Post by Lisa2009 » Tue Jul 22, 2008 6:56 am
Hi and welcome.

Have your circumstances changed i.e payrise?
Have you been paying in 50% of any overtime?

If so, it just simply means that there is more in the pot so creditors are recieving a higher dividend.
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pbeck

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Post by pbeck » Tue Jul 22, 2008 7:26 am
I am not sure what you mean by "resettlement figures".

It is a common misconception that creditors accept a certain amount of pence in the pound at the initial creditors' meeting. What they actually accept is an obligation from you to pay a certain amount per month into the pot, and the dividend resulting from that is simply a forecast, although some creditors do insist that the forecast be achieved.

The net effect of this is that if creditors' claims come in lower than expected it simply means that the dividend will be higher.
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Licensed Insolvency Practitioner and IVA specialist since 1996.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 22, 2008 8:37 am
Is it possible that your IP did not validate your creditor claims at the time your proposal was formulated and that the claims received were actually lower than those originally forcast hence producing a higher dividend for the other creditors to share from?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Jan01

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Post by Jan01 » Tue Jul 22, 2008 4:43 pm
My % to my creditors have increased since the start of my IVA with out looking I am not sure by how much this is because I have had pay rises in the 3 years and have paid 50% of the rise and have paid £3000+ more that calculated.

Jan
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MelanieGiles

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Post by MelanieGiles » Tue Jul 22, 2008 5:47 pm
Ah - I see. Your IP has increased your payments over the period of the IVA and you have been able to make additional payments from 50% uplifts. This is quite normal, is one of the stipulations of entering into an IVA, and must be a fantastic feeling knowing that your creditors are going to get paid back more than you originally thought.
Regards, Melanie Giles, Insolvency Practitioner
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