Insolvency Service Reply - re secured loans

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Lisa Thomas

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Post by Lisa Thomas » Fri Sep 18, 2015 12:54 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by thisusernameistaken

Nicely done, longslog.

What's become very evident to me over the last couple of years is just how bad some IVA companies are. They are supposed to be 'trained and regulated'? I would struggle to correlate that with some of the utter misinformation and outright lies that are told to some people in IVAs.

It's also become clear that a significant proportion of people in IVAs don't fully understand what they've entered into, for example people selling homes without understanding that equity will be snapped up by the IVA, devious practices around how the '85%' rule is applied to valuations/mortgage assessments and, as you've highlighted, the pressure tactics to take on more debt in order to get out of debt...! All of these things are onerous for the debtor and serve only the IP's pockets at the end of the day. Paradoxically it's in their interests to keep debtors in an IVA as long as possible in order to milk every penny from them.

Much of the industry is a dodgy cesspool and even when you make the right move to avoid a crap IP you find yourself dumped with one through no fault of your own and with no say in the matter whatsoever.

I said to a friend the other day that if I were in the process of looking at an IVA now I would probably decide to take the bankruptcy option based on the latest protocols and practices, despite the more significant ramifications.

Failing that if I were to do an IVA I would want it written in that I will not be sold on and if the IP were to cease trading that I be allowed to approach an IP of my choice.

The disparity between good and atrocious IPs is stark, and widening.
Not all IPs are crap and not all do an IVA just to line their pockets... Sometimes an IVA IS the best option and Bankruptcy is not the way to go.
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
 
 

lifenoteasy

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Post by lifenoteasy » Fri Sep 18, 2015 1:15 pm
Part of the problem is you end up having to depersonalise and generalise what is stated to avoid making negative comments about companies or ip's that provide good services.

There is no doubt that the option of an iva has value - the lack of certainty about what that means in practice is part of the issue.

Longslog - if you get your wish to be part of that committee there are certain foia issues that you need to be aware of. Let me know if you ever need that information.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

thisusernameistaken

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Post by thisusernameistaken » Fri Sep 18, 2015 3:18 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Lisa ThomasNot all IPs are crap and not all do an IVA just to line their pockets... Sometimes an IVA IS the best option and Bankruptcy is not the way to go.
Absolutely Lisa, I very clearly said that there's a growing gap between the good and the bad. There are many good IPs but unfortunately there seem to be fewer out there as time passes and the less scrupulous firms try to 'buy up the market'.

An IVA may well still be the right path for many but the protocol changes tilt things further against the debtor (eg. the inclusion of the provision for secured loans etc) and I'd have to think much harder about whether an IVA or bankruptcy was the right way to go.
 
 

Lisa Thomas

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Post by Lisa Thomas » Fri Sep 18, 2015 4:58 pm
You forgot to mention the ugly ;-) Have a good w/e
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
 
 

Adam Davies

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Post by Adam Davies » Fri Sep 18, 2015 5:57 pm
Hi

We have to remember that under bankruptcy a person would probably lose their property if they have equity, releasing equity under an IVA is not unreasonable but my point has always been that this has to be made clear before a debtor enters an IVA, if a secured loan option was not discussed at this point then it should not be a forced option later into the agreement

Regards
Andam Davies
 
 

lifenoteasy

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Post by lifenoteasy » Fri Sep 18, 2015 6:01 pm
It's called informed, explicit consent and I'm not disagreeing.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

relieved33

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Post by relieved33 » Fri Sep 18, 2015 6:08 pm
I agree that if you enter an iva having had a secure loan option fully explained to you then that's one thing. Making people already in an iva take out a loan seems so unfair to me if this was not explained to the from the offset.
 
 

recovering

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Post by recovering » Fri Sep 18, 2015 6:10 pm
Not just explained but specifically addressed and stated not a secured loan
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