Do you think creditors would be willing to accept this F&F offer ?

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Charly.p

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Post by Charly.p » Tue Aug 30, 2016 1:06 pm
I now think I have enough money (with help from a relative) to bring my IVA to a close.

If I am able to pay 100% of my original debt (inc fees and interest), does this still need to be made via a formal offer and agreed by the creditors?

Would I be foolish to pay all the money into my IVA without getting the agreement first?
 
 

Michael Peoples

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Post by Michael Peoples » Tue Aug 30, 2016 1:12 pm
If you are paying in full you just need to ask for a final figure from your IP and this will not need another meeting of creditors. However, you should at least try and get the interest removed which would remove or reduce the help from your relative. It is worth asking creditors as they can only say no.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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kallis3

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Post by kallis3 » Tue Aug 30, 2016 1:12 pm
I think you should get it agree first.
Sharing from experiences of dealing with debt
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Charly.p

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Post by Charly.p » Tue Aug 30, 2016 1:21 pm
Thanks.

I've asked for the final figure from my IP.

I spoke to someone on the phone earlier and they wouldn't give me a straight answer so I've put in a written request.

I assume interest should only be payable on the time the IVA has been active rather than for the full period it was due to run?
 
 

Michael Peoples

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Post by Michael Peoples » Tue Aug 30, 2016 2:09 pm
It is usually calculated at 8% per year for each year the IVA was in place. Some firms exclude statutory interest anyway so perhaps just the balance will be due. Some firms however will add the interest as their fees are based on realisations and thus they get 15% extra fee income based on the statutory interest. That is another reason to try and get the interest waived.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Foggy

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Post by Foggy » Tue Aug 30, 2016 2:33 pm
As Michael says the statutory interest is calculated at 8% p.a simple, based on the reducing balance, foer the term the IVA is running and will, obviously, only be accurate on the day it is calculated as every day will bring more to the calculation.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Charly.p

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Post by Charly.p » Thu Sep 01, 2016 4:46 pm
Have just spoken to my IP.

Seems that they were always expecting me to pay 100% anyway so little chance of a reduction for early settlement.
Slightly depressing that I've paid in over £14k now and still owe £5k more than my debts were worth in the first place.

It was the right decision at the time, I suppose.

Now to gather the pennies from behind the sofa!
 
 

Michael Peoples

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Post by Michael Peoples » Thu Sep 01, 2016 4:51 pm
Has your IP charged statutory interest? If so you can ask for a meeting to be held to waive this charge and creditors usually accept.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Foggy

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Post by Foggy » Thu Sep 01, 2016 4:55 pm
Still probably is the right choice --- the "extra" £5k is probably less than you would have paid in contractual interest over the term and has, additionally, "bought" you protection from potentially nasty recovery proceedings.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Charly.p

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Post by Charly.p » Thu Sep 01, 2016 5:07 pm
Yes, I think this includes statutory interest so I'll try and get this waived.

Otherwise it'll be £21k above my original debt in fees and interest which seems a bit steep??
 
 

Lisa Thomas

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Post by Lisa Thomas » Fri Sep 02, 2016 11:54 am
You also got to keep your property as a result of avoiding Bankruptcy.

I'm afraid £21k might sound steep but will be what you agreed to in costs and interest.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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