IVA v Creditors

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juliada

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Post by juliada » Fri Oct 17, 2008 3:39 pm
When I get my IVA, does this mean all ties are severed from the creditors? So I would be free from them and they would not be able to contact me ever? i.e. the debt removed from them altogher, like passed over so to speak?
 
 

MelanieGiles

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Post by MelanieGiles » Fri Oct 17, 2008 3:45 pm
Effectively - as your IP will continue to liaise with the creditors and pay them regular dividends. You do not get rid of the remaining debt, until you have fully complied with the terms of the arrangement - ie paid over all of your contributions.
Regards, Melanie Giles, Insolvency Practitioner
 
 

juliada

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Post by juliada » Fri Oct 17, 2008 3:49 pm
MelanieGiles wrote:

Effectively - as your IP will continue to liaise with the creditors and pay them regular dividends. You do not get rid of the remaining debt, until you have fully complied with the terms of the arrangement - ie paid over all of your contributions.
What if I couldn't keep up with payments?
 
 

rayb

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Post by rayb » Fri Oct 17, 2008 4:04 pm
Hi,

Then your IVA would be terminated and you would have the creditors on your case again plus the money you paid in to your IVA would be gone as the IP would take it for there costs
Last edited by rayb on Fri Oct 17, 2008 4:05 pm, edited 1 time in total.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Oct 17, 2008 5:05 pm
Or you could declare yourself bankrupt or enter into a DMP with the creditors instead.
Regards, Melanie Giles, Insolvency Practitioner
 
 

juliada

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Post by juliada » Fri Oct 17, 2008 5:27 pm
MelanieGiles wrote:

Or you could declare yourself bankrupt or enter into a DMP with the creditors instead.
But they wouldn't be able to take my house, would they?
 
 

plasticdaft

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Post by plasticdaft » Fri Oct 17, 2008 5:44 pm
Your house could be at risk yes.
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
 
 

Adam Davies

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Post by Adam Davies » Fri Oct 17, 2008 6:30 pm
Hi
If you are declared bankruptcy or the co owner of the house is declared bankrupt then their share of any equity will be passed to the OR.The OR will then have upto three years to release that equity by way of a forced house sale or for someone to buy that equity from the OR
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Andam Davies
 
 

juliada

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Post by juliada » Sat Oct 18, 2008 4:14 pm
I wasn't sure but I thought the IVA would protect me from creditors in any event? The bankruptcy issue is a bit confusing i.e. if I don't choose to declare myself bankrupt, then that is down to me and creditors cannot do much except pass the debts to a collection agency? Sorry if I sound a bit naive, but I hear and read stuff that is sometimes a bit contradictory?
Last edited by juliada on Sat Oct 18, 2008 4:25 pm, edited 1 time in total.
 
 

MelanieGiles

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Post by MelanieGiles » Sat Oct 18, 2008 4:22 pm
An IVA does protect you from the claims of creditors, Juliada. If you are confused, then I suggest you have a chat with an insolvency practitioner who can help you to understand some of the issues which may be difficult to grasp.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Skippy

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Post by Skippy » Sat Oct 18, 2008 5:25 pm
You really do need to speak to an IP. This is such a life changing decision and you need to be sure of what you are doing x
 
 

Adam Davies

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Post by Adam Davies » Sat Oct 18, 2008 6:23 pm
Hi
Whilst in an IVA you are indeed protected by your creditors,however if your IVA fails then your creditors are free to chase for the debts again and this could mean that they make you bankrupt and your house will be at risk.
Regards
Andam Davies
 
 

juliada

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Post by juliada » Sat Oct 18, 2008 9:10 pm
Hi Andy, thanks for the advice, which has answered all my questions (but now more scared of HSBC than I was before!) x
 
 

MelanieGiles

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Post by MelanieGiles » Sat Oct 18, 2008 10:07 pm
HSBC are generally a very supportive creditor of IVAs, they just work to a very high minimum dividend criteria.
Regards, Melanie Giles, Insolvency Practitioner
 
 

juliada

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Post by juliada » Sun Oct 19, 2008 8:56 am
Hi Melanie, I did a overhaul of my incoming and outgoings per month last night and although I can just about cover everything, I have no money left over for food or petrol (which is normally around about £400) and I read this print-out on IVA's my friend gave me and it says quote "a bank's ideal candidate is someone with a stable income, with enough spare cash after 'essential' spending to be able to afford this amount". (£200 is the amount in question). Well according to that I'm not an ideal candidate am I? What will I do? The last time I spoke to the bank asking for their help, they froze my flexiloan, which made things worse for me and cancelled my switch and replaced it with a solo. This is why I'm not wanting approach them again until I know an IVA will be accepted.
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