is it true that we will be debt free after 5 years

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sue.s

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Post by sue.s » Wed Jan 17, 2007 9:22 am
My partner and I are about to enter into an IVA agreement. I need to be sure that at the end of 5 years my we will be debt free as the advisor has told us. Is this correct?
 
 

Oliver

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Post by Oliver » Wed Jan 17, 2007 9:31 am
Yes. If your IVA proposal is accepted by at least 75% of the creditors which vote on your proposal (pro rata to the percentage of debt they are owed) then this will be legally binding on all your creditors. Once you have completed the IVA (which normally would be by making 60 monthly payments to your creditors) your IVA will be completed and all remaning debt will be legally written off.


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Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp
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Oliver
 
 

sue.s

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Post by sue.s » Wed Jan 17, 2007 9:34 am
Thanks Oliver.

Can we borrow money to buy a new car if we have an IVA?
 
 

Oliver

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Post by Oliver » Wed Jan 17, 2007 9:53 am
This is a tricky point Sue. You can NOT have any form of unsecured borrowing during an IVA without the express permission of your Insolvency Practitioner. It is very unlikely that you will be allowed to take out an unsecured loan to buy a car. However, if you reasonably need a car to work or to live then you may be allowed to take a Hire Purchase (Secured loan) for a car. The best thing to do is discuss this with your Insolvency Practitioner as soon as possible.

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Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp
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Oliver
 
 

sue.s

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Post by sue.s » Wed Jan 17, 2007 10:00 am
Thanks for all your help. One more question - do you think its a good ide?

My partner and I have approx 19000 of debt and the repayments are getting really hard as they stand. This company had offered us the IVA and is sending out the paperwork.

Thanks
 
 

Oliver

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Post by Oliver » Wed Jan 17, 2007 10:18 am
It's hard to advise you on limited information.

If you neither have any assets which you could sell to raise enough money to pay the debt (this means houses, expensive cars etc... and not household goods like cds and computers etc...) and can't afford to pay your monthly credit commitments and have enough money to live on then you are insolvent and have the following options.

(i) Consolidate your debt. Take out another loan which will consolidate your existing debt and offer you a monthly payment that you can afford in your monthly expenditure budget. The problem with this option is that depending on how much money you have spare in the month (i.e. total income less total household expenditure)you may struggle to find a loan which will be affordable to you. Also the loan will have interest added to it and you are likely to have to have it over a long period of time (up to c10 years) to make it affordable.

(ii) Arrange a debt management plan. This is an informal agreement with your creditors to pay back as much as you can each month until the debt is paid in full. Interest and charges can be frozen and for smaller debt amounts this can be a good way to pay your debt off without any negative impact on your credit file. The problems with informal plans are that they are not legally binding so your creditors do not have to stick to them or agree them at all. Interest and charges are NOT legally frozen so your debt potentially could even get bigger as you try and make what payments you can. Depending on the size of the debt, the amount of money you can offer, and whether interest and charges are frozen an informal plan can take a large amount of time to pay the debt off in full.

(iii) Propose an IVA. An IVA will allow you to propose an affordable monthly payment to your creditors, usually for 60 months. After this period what remains of your debt will be legally written off. If accepted your IVA will be legally binding on all your creditors and interest and charges will be frozen. The downside is that an IVA will have a negative impact on your credit file and you will not be able to apply for unsecured debt for the duration of your IVA.

(iv) Petition yourself for bankruptcy. In bankruptcy you are likely to be discharged in 12 months and will only have to make payments to your creditors for a maximum of 3 years (and this will only ever be based on amounts that you can afford). Your debts will be written off. The downsides are that this will have a negative impact on your credit file, details of your bankruptcy will be made public and published in your local paper, any large assets such as a house or expensive car etc... may be taken by the court and sold to raise money for your creditors, certain jobs may be impacted by bankruptcy.


Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp
Best Regards
Oliver
 
 

jamesfalla

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Post by jamesfalla » Wed Jan 17, 2007 10:52 am
Hi Sue

Oliver has given some excellent advice here.

Please be assured, if you do decide to enter into an IVA, then once it is accepted, it is legally binding on your creditors as well as you. This means that as long as you stick to the terms of the agreement, then once it is completed, your creditors will write off any unpaid debt and you will be debt free.

James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions, with extensive experience of solving personal debt problems over the past 10 years. I am regularly featured on BBC News, Finance Programs and Radio.

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
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