IP's fees

9 posts Page 1 of 1
 
 

JJSIDE

User avatar
Posts: 121
Joined: Tue Oct 09, 2007 10:27 am
Location: United Kingdom

Post by JJSIDE » Thu Oct 11, 2007 5:33 am
Hi everyone,

I am new to this board. I am in an IVA, coming up to 3 years, and just discovered this board and the potential answer to my many questions about how IVA's work and how to work successfully with IP's.

My first question is about IP's fees. I am unsure if they are capped or not in my IVA. This is what was in the original proposal 'It is proposed that the supervisor's remuneration will be the time costs incurred during th arrangement together with the reimbursement of all expenses relating to my arangement to be deducted from funds held for the purpose of the arrangement. For illustrative purposes only the supervisor's total fees are estimated to be £5000 excluding VAT as shown on the statement of affairs'.

But on the minutes of the meeting of the creditors where the IVA was approved, there is a modification which says ' The supervisor's fees will not exceed £5,000 plus VAT and reasonable disbursements ( as quoted in the proposal ). SHould the terms of the arrangement be reduced, these fees must be lowered proportionately. Additional fees may only be taken oly with the consent of 75% of the voting creditors'

So what does all that mean. Are the fees capped at £5000 + VAT, and what are 'reasonable disbursements'.

It appears that my IP has already taken £2000 in the first year and £2000 in the second year ( based on their time, which was actually more than the amount they have billed for ). Am I to expect them to take £2000 every year? Last year the only dealing's I had with my IP was to submit my I & E by email and for them to send me the statement of affairs in the post - £2000 to do that? Mi IVA is fully up to date and no problems at all ( so far!).

Can anyone tell me what I can expect in the future,

Many thanks,

Joe.
If nothing changes, nothing changes!
 
 

mikebdomain

User avatar
Posts: 1126
Joined: Thu Aug 23, 2007 10:03 am
Location: United Kingdom

Post by mikebdomain » Thu Oct 11, 2007 6:43 am
Hi Joe and welcome to the forum. I’m sorry I can not answer your question on IP fees – not my area of expertise, but I would suggest that ‘reasonable disbursements’ would include: references, letters to creditors, letters to yourself, legal fees, meeting arrangement fees etc.

I’m sure one of the IP / IVA experts will be along shortly to answer the rest of your question.

I'm glad you have found the site, there is an absolute wealth of experience, knowledge and expertise on here and you will find all your questions will be answered by those that know.


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Mortgage Broker

Specialising in adverse credit.

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

OPTIMIST12

User avatar
Posts: 683
Joined: Mon Aug 06, 2007 1:47 pm
Location: United Kingdom

Post by OPTIMIST12 » Thu Oct 11, 2007 6:53 am
I know it says in my documents that Modifications - once accepted - basically "rewrite" the original proposal and become a binding part of it. I had a Modification reducing the maximum percentage of my payments that could be taken in fees so I assume that the same will apply in your case?? I know from reading the forum that IVAs charged on a time / cost basis can result in very high fees and hope that you will be protected by that Modification.

Am sure that you will get some definite answers from other posters soon.
47 months completed - 13 months to go.
 
 

JJSIDE

User avatar
Posts: 121
Joined: Tue Oct 09, 2007 10:27 am
Location: United Kingdom

Post by JJSIDE » Thu Oct 11, 2007 11:42 am
Thanks Optimist12,

Hopefully someone will know if the modification means the fees are capped?

Joe
If nothing changes, nothing changes!
 
 

Andrew Graveson

User avatar
Posts: 933
Joined: Wed Jun 13, 2007 7:52 pm
Location: United Kingdom

Post by Andrew Graveson » Thu Oct 11, 2007 11:46 am
Hi Joe,
I'm pretty certain that it means the fees are capped. It looks as though your creditors insisted (or requested) that this would be the case in return for supporting your proposal.

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
 
 

JJSIDE

User avatar
Posts: 121
Joined: Tue Oct 09, 2007 10:27 am
Location: United Kingdom

Post by JJSIDE » Thu Oct 11, 2007 1:18 pm
Thanks Andrew,

If that is the case, then the fees charged already for the first 2 years are £4000 ( £2000 a year so far ), so doesn't leave much for the IP for the last 3 years ( or is it more prudent then to charge the fees sooner rather than later, in case the IVA fails? There is also a £2000 charge for acting as nominee in the first year - I assume that this a separate one off charge and not included in the £5000 + VAT?

Cheers,

Joe
If nothing changes, nothing changes!
 
 

Andrew Graveson

User avatar
Posts: 933
Joined: Wed Jun 13, 2007 7:52 pm
Location: United Kingdom

Post by Andrew Graveson » Thu Oct 11, 2007 1:22 pm
Hi Joe,
IP's will normally charge 2 fees:
1 - Nominee Fee. This is for putting together the proposal and securing creditor agreement.
2 - Supervisor Fee. This is for ongoing management of the IVA.
I cannot comment on the charging structure for your case but it certainly wouldn't have been unusual for there to be a £2000 nominee fee and a £1000 per year supervisor fee.
I suspect you've paid the nominee fee and 2 x supervisor fee thus far.

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
 
 

JJSIDE

User avatar
Posts: 121
Joined: Tue Oct 09, 2007 10:27 am
Location: United Kingdom

Post by JJSIDE » Thu Oct 11, 2007 1:31 pm
Hi Andrew,

Actually so far it has been £2K Nominee fee and £2K Supervisor's fee in year 1 and then another £2K Supervisor's fee year 2. The nominee fee is set in the proposal as £2K, I was just querying if this was a one off. As for the Supervisor's fees, these are already £4000 after 2 years of the IVA, so I am still not convinced that the fees are capped at £5K + VAT for the 5 years, as the Fees are already £4k after 2 years, and I have seen other posts on the forums talking about £2k a year. I guess I could always ask the IP to clarify!
If nothing changes, nothing changes!
 
 

Andrew Graveson

User avatar
Posts: 933
Joined: Wed Jun 13, 2007 7:52 pm
Location: United Kingdom

Post by Andrew Graveson » Thu Oct 11, 2007 1:33 pm
Hi Joe,
I think based on that uncertainty calling your IP would be the right thing to do. You are entitled to know how much and when you are paying fees.

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
9 posts Page 1 of 1
Return to “postbag for october”