Is it necessary to make payments for 6 months before offering a F&F ?

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chris393

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Post by chris393 » Thu Oct 12, 2017 9:50 am
Hi I’m just going through the process of applying for an Iva using swift, making a payment of £150pm but my farther in law has offered to make a full and final payment but swift are saying this is not possible as I have the means of making monthly payments is this correct, they have also said I have to make payment for 6 months before I can Offer full and final
The total amount of dept is £31000 and they won’t even give me a rough price for a full and final

Foggy

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Post by Foggy » Thu Oct 12, 2017 10:09 am
A full and final can be made at any time regardless of the ability to pay the regular installments. However, some proposals do have a condition that any variation cannot be proposed in the first 6 months or year. So check your proposal and Chairman's Report for that if your arrangement is a relatively new one.

Full and final offers (It is important that you do not use the term "settlement") are based on the number of payments you have remaining multiplied by the current monthly amount. They are often reduced a little due to the fact that creditors will be making a saving on administration as well as the "bird in the hand" factor.

However -- as you have not started your IVA (have not had the creditors meeting), why not put a hold on it and approach your creditors directly with offers ? Or opt for a lump sum IVA ?

For info on a F&F IVA have a look here: https://www.iva.co.uk/full-and-final-iva
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

Michael Peoples

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Post by Michael Peoples » Thu Oct 12, 2017 11:09 am
If your father in law is lending the money your surplus will be needed to repay him. You can also call a variation any time you like so there is no requirement for a six month wait. However if you did propose an IVA at a monthly payment and then settled six months later the IP would usually get a bigger fee than if you had just proposed a one off at the beginning. I suggest you get a second opinion.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com

luluj

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Post by luluj » Thu Oct 12, 2017 3:02 pm
Great father in law you have ! As others have said it is possible !
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"

Lisa Thomas

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Post by Lisa Thomas » Fri Oct 13, 2017 9:12 am
Consider doing a deal with creditors direct rather than through an IVA.

Pause the IVA application process now while you explore this option.
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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