Full and Final Settlement Offer -Progress

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Soulgrowth

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Post by Soulgrowth » Wed Apr 02, 2008 9:57 pm
Good news on this front ... I heard from my IP yesterday that their report to my creditors offering a F&F offer based on the same return (25p in £)as my IVA should be going out in the next few days.

The position with my ongoing liability for the lease on my old business premises is that the Landlord has failed to put in any claim for monies he considers due to him by the date required.

My question to my IP was whether this will also now totally exonerate me from any future liability for the lease (which I am still technically liable for) ... the following represents their reply ... but if anyone could give a second opinion on this I would be most grateful as I am still not 100% confident that this liability wont come back to haunt me in the future [:(]

Debbie

"I can advise that Emma has asked our solicitor to confirm the position with the landlord and he has given her the following information:

The legal position is that the lease always remained with the debtor. Accordingly, the landlord is a creditor under section 260(2)(b)(ii) and should be admitted as a creditor. However, there is always a danger that they will apply to challenge the IVA under section 262 as the time for doing so runs for 28 days from the date that they became aware of the IVA.

From this information the landlord will be excluded from the arrangement and cannot pursue you for any liability owing."
Debbie
 
 

MelanieGiles

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Post by MelanieGiles » Wed Apr 02, 2008 10:00 pm
I'd concur with that advice Debbie, and great news about the variation report.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

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Post by Adam Davies » Wed Apr 02, 2008 10:27 pm
Hi
Fingers crossed Debbie
regards
Andam Davies
 
 

Lisa2009

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Post by Lisa2009 » Wed Apr 02, 2008 11:48 pm
Fingers crossed for you Debbie xxx
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jpj

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Post by jpj » Thu Apr 03, 2008 7:48 am
Good luck Debbie :o)
 
 

buttercup

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Post by buttercup » Thu Apr 03, 2008 11:45 am
Good luck
 
 

pixie

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Post by pixie » Thu Apr 03, 2008 12:37 pm
Best of luck to you Debbie [:)]
Pixie
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IVA started may 07 ended dec 08
 
 

Skippy

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Post by Skippy » Thu Apr 03, 2008 12:39 pm
Good luck Debbie x
 
 

Soulgrowth

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Post by Soulgrowth » Thu Apr 03, 2008 6:53 pm
Thanks everyone. I think that when things are, hopefully, done and dusted I might make a phone call to my solicitor to see whether he can draw up any kind of legal absolution for the lease. I just sense that if this is left undone it will one day come back to haunt me! [:(]

The amount that I am offering to my creditors (£37,500) leaves me with just enough to place the deposit on my new lease car that I have managed to acquire through Secretariat which Andy posted the link for a few weeks ago. Thus I am shortly to have a new Vauxhall Astra 1.9SRi delivered!(it started off as a Ford Fiesta but they couldn't find one so I have the Astra for the same price as the Fiesta!)

For anyone who is self-employed and who needs access to reliable transport I can thoroughly recommend this company ... they have been brilliant.

Debbie
Debbie
 
 

aguise

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Post by aguise » Thu Apr 03, 2008 7:36 pm
Great news debbie.

All the best .

Ang
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Viki.W

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Post by Viki.W » Thu Apr 03, 2008 7:53 pm
Best of luck Debbie, you're doing the right thing, hope everything turns out great for you. X
If you would like to talk to me about your debt problems, please visit:
http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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