Do you actually have debt written off?

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spenmotherhen

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Post by spenmotherhen » Wed Oct 17, 2007 1:29 pm
Hi all

My IVA states that we have to release equity in our 4th year.

At the beginning of my IVA I was told that we would have alot of our debt written off after the 60 month mark of paying monthly contributions.

When the equity is released in the 4th year, if there is sufficient funds, surely my outstanding amount of debt at this stage will be repaid?

We are more than happy to repay our debt but unsure of how this will effect our mortgage repayments in the future. We also have in writing that we could pay the IVA for a further year (the 5th year) to avoid equity release, which of course would be much more preferable to our financies.

Does this sound realistic? Reading the forum this is'nt a choice but a result of not being accepted for a remortgage?

Thanks for any info/advise
 
 

catullus

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Post by catullus » Wed Oct 17, 2007 8:00 pm
Hello spenmotherhen

To understand exactly what you will be required to do,you will need to read the property section of the proposal together with the chairmans report and any modifications.

reading between the lines there will be a modification that states that you will have to get a new valuation of the property in month 54 and based on that valuation, attempt to remortgage at that time to release any equity in to the IVA.

If you cannot do so, because for instance you are declined or there is no equity, then you would be required to pay an extra 12 months contributions to buy out your interest in the property. This would make it a 72 month IVA as opposed to a 60 month one and, as you say, almost certainly this is not optional but a result of not being able to remortgage, which your supervisor will need to be satisfied is the case.

If having done a remortgage (and your contributions in to the IVA stop at that stage) or having paid an extra 12 months there is enough money in the pot, then the creditors will be entitled to full repayment and interest on top. to the extent that there is money available to pay them.

Only if creditors have been paid in full and received their full interest at 8% pa for the life of the IVA could any surplus money be returned to you.

I hope that explanation helps but, as I've said, I've read between the lines a bit and your proposal and any modifications may have a slightly different set of timings.

Oh yes, and if the pot is not big enough to pay the creditors in full then yes, the balance of the debt is written off and you are free of it
Last edited by catullus on Wed Oct 17, 2007 8:02 pm, edited 1 time in total.
 
 

spenmotherhen

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Post by spenmotherhen » Wed Oct 17, 2007 10:04 pm
Thanks cattalus

I am with Northern Rock, would I need to remortgage with these or is it any company?

Is the 8% interest how much is outstanding on the debt in total?

Thanks
 
 

MelanieGiles

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Post by MelanieGiles » Wed Oct 17, 2007 10:07 pm
Hi there

You are free to mortgage with any company of your choice, but Northern Rock are quite supportive of customers in IVA's so they are probably a first point of call for you when the time arises.

The 8% statutory interest is calculated on the amount of debt you had at the time the IVA was entered into. It is calculated on a simple rather than compound basis.

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
 
 

spenmotherhen

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Post by spenmotherhen » Wed Oct 17, 2007 10:40 pm
Thanks Melanie

So what would happen if I tried to remortgage, surely it would not be accepted as my credit rating must be pretty dire?

Has anybody reached this stage in their IVA?
 
 

bagpuss

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Post by bagpuss » Wed Oct 17, 2007 10:47 pm
There are mortgages for people in your situation but it would depend on many things...i would try a Brokers who can search the market for a mortgage for you.

Try N/R first though as its less hassel and ££ to stick with who you are already with...but free quotes dont hurt either.

I used Leybridge Brokers to search for one for me and have been very happy. HTH x

Angie xx


My IVA Story......http://bagpuss.blogs.iva.co.uk/2007/09/ ... iva-story/
 
 

MelanieGiles

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Post by MelanieGiles » Wed Oct 17, 2007 10:49 pm
There are lots of lenders who will give you a mortgage whilst in an IVA - a client of mine has just got a 7.1% deal two years into an IVA with very little difficulty. Hopefully either Mike or Andrew, our resident mortgage experts, can give you more advice on this.

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
 
 

spenmotherhen

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Post by spenmotherhen » Wed Oct 17, 2007 10:50 pm
Thanks Angie

Im only 1 1/2 years in but this 4th year scares me a tadge.
 
 

spenmotherhen

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Post by spenmotherhen » Wed Oct 17, 2007 10:52 pm
Thanks Melanie, I did contact NR to ask for advise.... Still waiting for their reply.

I am two months in arrears from the beggining of my IVA will this cause a problem?

Thank You.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Oct 17, 2007 11:15 pm
Your lender will need a letter of reference from your IVA Supervisor, so do try and clear those arrears up before making your application. And extra £10 or £20 per month may do the trick over the next couple of years if you can afford to do this.

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
 
 

spenmotherhen

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Post by spenmotherhen » Thu Oct 18, 2007 11:27 am
I am quite happy to do that but when I contacted NR they said don't worry about it as I am an interest only mortgage, I am being charged for the amount which is outstanding anyway.

My sister is also with NR when she missed a payment they automatically adjusted her monthly payments to cover her arrears.

So I will need to repay the shortfall before looking at remortgaging?
Last edited by spenmotherhen on Mon Oct 22, 2007 12:17 pm, edited 1 time in total.
 
 

ray_a

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Post by ray_a » Thu Oct 18, 2007 12:14 pm
The moral here is to remember IVA's are not set in stone and are a means for you to pay back as much as you can to your creditors!
 
 

confusedchris

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Post by confusedchris » Fri Oct 19, 2007 2:58 pm
The following is my opinion and not necessarilly the way all things work..

Hi Spen (wellllllll...on no thats Sven)

"Welcome to IVA Suicide the new game show hosted by Noel Ending"

You like me appear to have been confused by the "Sales" spin of the IVA machine
I am with a large company who shares have been struggling lately and I have today spoken to them about the 4th year Mortgaging thing, although for me a while off yet

When I signed up to the "You'll be debt free in 5 years and we'll right off 75% of your debt...." I believed them, 12 months in I've had my review and guess what for me it's Bollo***...sorry Swear Police... I did edit it

Apparently (their explanation to me) you remortgage for upto 85% LTV (loan to value).

Assuming you have met the monthly payments that is all that can be expected of you but welcome to more debt..it's called an increased mortgage!

In order to make the IVA affordable I am currently paying Interest only and therefore no allowance is being made in my Expenditure section.

When you look at remortgaging the Creditors don't care if you can afford to pay the extra amount they just want it...."is it me?"..OK you wont be paying the IVA but if the extra Mortgage added to the Capital repayment bit that hasn't been paid due to being in an IVA is greater than the residual income bit ..how can you pay it?

The next problem is if you can't remortgage the IVA can be extended for a further 2 years so that you can pay (ho ho) your equity release bit

Example based on here & now:
Current Mortgage £130,000
Valuation £180,000
85% LTV £153,000
Equity release £23,000

.....you try but fail to get a mortgage and guess what you get to pay £23000 over the next 2 years (aye?)....

Try paying £958 per month for 2 years when your current IVA is £485 and you'll be back to looking at FAILURE.

Call me a cynic but I think many IVA's get accepted because they (the companies) agree to almost anything and you're so glad to have someone sorting it out that you in turn also agree to anything.

The crucial difference is they know what they're doing or have I got a rough deal?

Don't phone in it's probably already too late as lines closed years ago

Confused.Chris
 
 

Andrew Graveson

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Post by Andrew Graveson » Fri Oct 19, 2007 3:09 pm
Hello spenmotherhen,

The rate you are able to get on your mortgage when you come to remortgage could and almost certainly would be affected by mortgage arrears. If you go to another mortgage lender and they see you have recent mortgage arrears the effect could be quite significant.

Working with Northern Rock now to clear the arrears as quickly as you are able will almost certainly be in your best interests.

When it comes to remortgaging it would be best to speak to Northern Rock and a mortgage broker (who does not charge for initial advice). If you can get a good deal with Northern Rock it will save money and hassle. If the broker comes up with a better deal it might pay you to switch.

Andrew Graveson
Independent Mortgage Broker & MD Bright Oak Debt Management
andrew@brightoak.co.uk
www.brightoak.co.uk
Andrew Graveson
Bright Oak Ltd
UK Debt Management Company
Website: www.brightoak.co.uk
 
 

Adam Davies

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Post by Adam Davies » Fri Oct 19, 2007 8:53 pm
Hi Confusedchris
You have misunderstood the extended period of your IVA.
If you are unable to remortgage in the fourth year you are normally required to extend your mortgage by twelve months at the current rate that you are already paying[£485],not the huge increase that you have stated[£958]
Was the equity release not explained to you at the proposal stage of your IVA ?
Regards

Andy Davie
IVA.co.uk Spokesperson

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
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