mortgage without the massive deposit ?

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nervousperson

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Post by nervousperson » Fri Jul 18, 2008 1:49 pm
MelanieGiles wrote:

This will need to be addressed by a variation during the final year of the arrangement - as at the time this provision was introduced it could not have been forseen that people would not be able to get 85% loan to value mortgages.
But is such a variation likely to be approved as it's probably in *their* best interests to fail the IVA at that point and force me into BR?
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 18, 2008 2:11 pm
Sorry - I don't have a crystal ball to see into the future, but with a good IP recommendation behind the proposed variation there should be little problem as it would be very unjust for creditors to fail your IVA at that stage.
Regards, Melanie Giles, Insolvency Practitioner
 
 

nervousperson

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Post by nervousperson » Fri Jul 18, 2008 2:50 pm
MelanieGiles wrote:

Sorry - I don't have a crystal ball to see into the future, but with a good IP recommendation behind the proposed variation there should be little problem as it would be very unjust for creditors to fail your IVA at that stage.
Apologies. I realise you don't have a crystal ball, and perhaps the question was a little unfair - and this board has been extremely helpful so far.

However, call me skeptical but I'm a little wary of creditors acting in a "just" fashion - surely its in their best interests to get as much money back as possible...and if that means there's a term I can't meet then it's their perogative to enforce BR?
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Viki.W

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Post by Viki.W » Fri Jul 18, 2008 2:53 pm
I don't think you should worry nervousperson, if they really want to make you BR at the end of a successful IVA then the judge would probably throw it out anyway.....just my opinion, I'm not an expert. X
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nervousperson

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Post by nervousperson » Fri Jul 18, 2008 3:41 pm
Viki.W wrote:

I don't think you should worry nervousperson, if they really want to make you BR at the end of a successful IVA then the judge would probably throw it out anyway.....just my opinion, I'm not an expert. X
Thanks for the vote of confidence Viki. However, having been at the sharp end of the creditors tactics previously (phone calls from India every 2 hours for 7 days a week) I currently don't have that much faith in them.

Would it make sense to ask the IP to propose a variation earlier rather than later in respect to this clause?
 
 

Viki.W

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Post by Viki.W » Fri Jul 18, 2008 3:45 pm
I really wouldn't know but I'm sure Melanie can answer that for you. Don't forget, everyone in an IVA is in the same boat about the 85% at the moment, I wonder how that will go. Good luck, hang in there for the experts. X
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Adam Davies

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Post by Adam Davies » Fri Jul 18, 2008 8:43 pm
Hi Nervousperson
You have nothing to worry about.
If you are unable to introduce any equity your IVA will extend for a year.
It will not be failed by your IP
Put your head down,crack on and wait and see where we are regarding house ptices/mortgages in year four.
Creditors are fair and reasonable when you have conducted your IVA correctly over a period of time.
Stop worrying
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Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 18, 2008 8:46 pm
Nothing is certain in the world of failing IVAs I am afraid - just this week I have tried to get creditors to accept 55 payments out of 60 in full and final settlement, and a certain bank which shall remain nameless has countered that by saying they want the money and also the ability to pursue the debtor once the IVA has concluded. I could not have envisaged that happening a couple of years ago.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

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Post by Adam Davies » Fri Jul 18, 2008 8:50 pm
Hi
Wow that is harsh
Why did the IVA conclude at 55 months ?
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 18, 2008 9:08 pm
The debtor who was running a self-employed joinery business lost a major contract and could no longer maintain IVA payments. She has been a relatively good client, and I feel gutted that creditors would not give her some slack especially knowing the state of the construction industry at present.
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Adam Davies

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Post by Adam Davies » Fri Jul 18, 2008 9:12 pm
Hi
Strange decision by the creditor[please name ?]
Could the debtor not borrow the remaining five payments from family ? Seems such a shame
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 18, 2008 9:15 pm
I'll e-mail you separately rather than naming and shaming in public! She tried to get the money from family members but it could not be raised.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Lisa2009

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Post by Lisa2009 » Sat Jul 19, 2008 12:05 am
Wow that is harsh
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nervousperson

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Post by nervousperson » Tue Jul 29, 2008 3:19 pm
mrs skint wrote:

Wow that is harsh
Harsh but not surprising given the current banking climate. While profits are sky high, they can afford to write off debts. However, as soon as profits drop then the banks are under extreme pressure try to claw back as much as they can from whereever they can

Unfortunately those in IVAs are relatively easy pickings - if you can fail an IVA @ 55 months and force the person into BR then you're effectively maximising your gain by getting the best of both worlds.

Reputation for fairness, or making money...very rarely does the former come before the latter
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