I would like to start an IVA

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xen

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Post by xen » Tue Apr 17, 2007 12:13 pm
Hello, We are currently 24000 in debt, with 13500 salary pa and 142 WTC and 212 CTC Income, our 24000 is made up of about 8 creditors, we have about 300 to spare a month. I would like to start an IVA and have contacted Accuma, but my Husband has been talked out of it by His Mum! Do you think that the IVA is the right option for us or should we just try and cope by ourselves, for the forseeable future?
 
 

MelanieGiles

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Post by MelanieGiles » Tue Apr 17, 2007 12:17 pm
An IVA is just one option for you, and a reputable insolvency firm will discuss all options with you to ensure that you are making the right decision. Why has your mum-in-law talked your husband out of it, and have you also given consideration to a debt management programme or bankruptcy proceedings?

A debt management plan will take far longer than five years to repay, but bankruptcy proceedings provide immediate relief from your creditors, although you may be required to make contributions for three years. Do you have any assets which would be at risk under bankruptcy proceedings?

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

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Adam Davies

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Post by Adam Davies » Tue Apr 17, 2007 12:46 pm
Hi
Is your spare £300 per month after you have paid your unsecured debts ?
regards

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

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xen

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Post by xen » Tue Apr 17, 2007 12:46 pm
Hiya, Thanks for the fast response.
My In-laws have been through Bankruptcy, and lost everything, my Husband was in his late teens at the time and the whole thing has left him with huge scars! there is no way what so ever that he would even consider that option. I have tried to mention it. Accuma also said that it might not be the best solution for us as we are still young (29) and it could hang over us for a very long time.
I thought about a DMP but as you have said I thought it would take much longer to pay off.
We don't have too much that we could risk under bankruptcy, we are council tennants, with not alot of stuff. but again I know my Hubby wont go down that road.
Thanks
 
 

xen

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Post by xen » Tue Apr 17, 2007 12:53 pm
Hiya Andy, Not at the moment, we are living off of our overdraft and credit cards at the moment, we have been totally unable to clear our overdraft, if we could do that then yes we would have a little spare.
Thanks
andydavie wrote:

Hi
Is your spare £300 per month after you have paid your unsecured debts ?
regards

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

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Adam Davies

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Post by Adam Davies » Tue Apr 17, 2007 3:46 pm
Hi xen
If you can work out your actual disposible income then we can advise on the various options.Your disposible income is what you have left after you pay all your living costs,food,bills,car costs,clothing,etc etc but not your loan/card payments etc,
If it is indeed £300 per month then your creditors will probabaly prefer as the costs of an IVA will be too great[probably]
regards

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Tue Apr 17, 2007 7:03 pm
I think it works as an IVA Andy - is there a word(s) missing from your last sentence?

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
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jamesfalla

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Post by jamesfalla » Tue Apr 17, 2007 8:41 pm
Hi Xen

I think that if you can afford to pay £300 per month and you have £24,000 of debt, then you should be able to do an IVA. However, this will also depend on whether you have a property and if there is any eqiuity in it. Of not, then I agree with Accuma, Bankruptcy should be considered seriously. Bankruptcy is no way as traumatic today as it was a few years ago

James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions for over 10 years.

For more information visit www.jamesfalla.com and visit my blog at: http://jamesfalla.blogs.iva.co.uk
James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions for over 10 years.

For more information visit www.jamesfalla.com and visit my blog at: http://jamesfalla.blogs.iva.co.uk
 
 

xen

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Post by xen » Wed Apr 18, 2007 8:46 am
Hello every one, Thank you all very much. I think my Husband and I have come to an agreement, (finally) and will try an IVA, We don't own a property we rent with the council, don't have any really valuable possession's and I have talked again to Hubby about bankruptcy but he really wont go down that road.
Thanks
Xenia
 
 

Adam Davies

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Post by Adam Davies » Wed Apr 18, 2007 10:01 am
Hi
Well I do hope that a IVA is agreed for you,my concern was that at £300 per month your total input would be £18000,less IP fees of say £8000,leaving £10000 to creditors.On debts of 24k this would return just over a 40p dividend.
Under a debt management plan,if interest is frozen,you could return the full debt back to creditors in just over 6 years.
Good luck


Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

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Andam Davies
 
 

iva experts

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Post by iva experts » Wed Apr 18, 2007 10:41 am
Hi Xen,

I disagree with Andy in this case, I don’t think a Informal payment plan is good for you as you have 8 creditors and I cant imagine that they would all agree to freeze interest for 6 years.

Which creditors do you owe money to?

This is one of the downsides to an informal payment plan, the creditors could agree to your reduced monthly payments now but who is to say that 1 or 2 years down the line they won’t change their minds.

An IVA on the other hand is a legally binding agreement on both sides, which therefore means that the creditors agree to freeze interest for the whole duration of the IVA.

In my experience in cases where creditors may receive less money in an informal payment doesnt necessarily mean they will decline an IVA.

Hope this information is of use

Regards. IVA Experts
Last edited by iva experts on Wed Apr 18, 2007 10:49 am, edited 1 time in total.
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Michelle Pontes
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Oliver

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Post by Oliver » Wed Apr 18, 2007 10:44 am
On the face of it I would say that an IVA or Bankruptcy is clearly the best course of action.

I would also echo James’ comments about Bankruptcy being far less traumatic than it has historically been, and would urge you to take consideration on this option.

I understand Andy's comments about your creditors receiving more in an Informal plan, but feel that this is definitely not your best option. Creditors would always get more if they were to ask people to enter Informal Plans but this has not precluded people from having their IVAs accepted.

One of the main benefits of an IVA is that once accepted the agreement is legally binding on all your creditors, which means that interest and charges are stopped by law. In an informal plan this is not the case, and although you may be able to negotiate a stop to this, there is never any guarantee that all your creditors will keep to this agreement for the duration of the informal plan.

Also an IVA is a structured repayment module which means unless you miss a payment, you will have a finite number of payments to make (usually 60 months) after which any debt will be legally written off. An informal plan at this level of debt and with your DI would take six and a half years to pay off, if all interest and charges were to be frozen, a long period of time to stick to a strict budget. You have your debt spread over 8 creditors so negotiating a freeze in interest for 6 years will be problematic.

In our experience based on the figures you have given, the majority of creditors in the UK would agree to an IVA despite the fact that this would mean paying an insolvency practitioner. You can provide a good dividend (c45p in the £) and I feel that on the face of it you have a great case for an IVA. An example where creditors may hold out for an informal plan would be if there were only a small number of creditors (ie. 1-3) where it could be deemed reasonable to make an informal plan to pay the debts off. However, I would never advocate this option over an IVA unless someone could pay their debts off this way in less or roughly the same amount of time as an IVA.


Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
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Oliver
 
 

Skippy

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Post by Skippy » Wed Apr 18, 2007 11:26 am
Hi Xen, I know your husband is totally against bankruptcy, but I just wanted to let you know that it is not as bad as people think. I was made BR at the end of March and it was like a big weight had been lifted. I was in an IVA for 4 months but this failed as I couldn't afford the repayments. I had no assets apart from my car (which I was allowed to keep) and I will now be paying less than half of my IVA contributions. Yes, I feel a little guilty that I am repaying so little, but I feel so much better than what I did. I was treated with compassion by the court staff, the judge and the OR, and at no time did I feel that anyone was looking down on me.

Please don't get me wrong, I am not suggesting that everyone in debt should go BR! IVA's are great for a lot of people, but please make sure that you can afford the repayments as 5 years is a long time to struggle. There is not the same stigma attached to BR as there was, and it is worth thinking about.

My whole IVA and BR experience (so far!) is in my blog.

Good luck with whatever you decide.

Onwards and upwards!!!

View my blog at http://skippy13.blogs.iva.co.uk/
 
 

Adam Davies

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Post by Adam Davies » Wed Apr 18, 2007 11:56 am
Hi
Well I,ll go with the flow on this one and as I say I hope that an IVA is agreed,its just the cost of 8k to produce 10k for creditors that, I think, is not quite right.This is where the simple IVA that has been talked about will make this sort of case more cost effective.
regards

Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)

Please check out my blog: http://andydavie.blogs.iva.co.uk

View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Wed Apr 18, 2007 12:26 pm
The IP is unlikely to get fees agreed at that rate, the norm is now 35% of total receipts, to include disbursements and VAT. So an overall cost of £6,300 is more likely thus boosting the dividend for creditors.

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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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