Selling my house for F&F

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spenmotherhen

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Post by spenmotherhen » Sat Nov 17, 2007 12:18 am
Hi all

Just looking for some advise,

We own a house at present but are fortunate that my husband gets a house with his job so we live in that and rent our property out.

The problem at present is, we have recently moved and we are getting charged £200 more per month down to an admin error. However nobody seems to want to take responsibilty for this and the matter is still being "dealt" with 3 months later.

This is obviously putting a strain on our finances and although we have made our IVA company aware, I am not sure that a variation is suitable as we need a reduction quickly and this process sounds as if it can take some time to achieve.

We have come to the decision that we would like to sell our house and offer a F&F to settle the IVA and would therefore be £680 better off per month. £440 for IVA contribution, £200 mortgage (after rent received) £20 maintenance fee and £20 insurance.

At present we pay 33p in the £, do we need to offer this amount back on the total amount of debt owed plus fees etc, or would it be on the amount which we would repay before the equity release in year 4?

We are into our second year now and the first year payments went to the IVA company for their fees so the creditors have not received much in the way of returns.

Would the creditors be likely to accept a full and final offer due to this?

The house is worth between £125000-£137000 going on the recent houses for sale in our street. Our mortgage redemption is at present £100500 so we have scope to make and offer of 20k+ depending on house valuation and fees etc.

So far we have paid £5721.55 broken down into £2,750 nominees fees, £1,100 Supervisors fees, £35 nominees disbursements, £15 IVA registration, £40 property restriction registration, £94 bond and VAT £679.88

The remainder of £657.18 has been distributed to my creditors at 1.5p in the £1 and a provision made for creditors who have yet to claim the remainder, with the next dividend to be paid in May 2008.

Our arrangement states that we will repay £30,618, which includes pre-appointment funds but before the costs of the arrangements.

Initial debt 62k

Our house was initially bought for investment only as it is only a two bed so not suitable for our 6 person family. We will never move back in so as we need to live for now do you think selling is a good idea?

Presently looking for a job to help with the income side of things.

Thanks in advance for any advise.

Regards Spenmotherhen
Last edited by spenmotherhen on Sat Nov 17, 2007 12:23 am, edited 1 time in total.
 
 

catullus

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Post by catullus » Sat Nov 17, 2007 12:49 am
Hi Spenmotherhen

In theory the creditors would want the whole of your 5 years worth of contributions AND the equity in the house but a lot of variations are being accepted at the moment, just based on immediate remortgage or sale.Maybe the banks need the money!

A lot depends on who your creditors are. Often your creditors will have sold on their debt commonly to a company called Max Recovery who are very receptive to such offers but whoever your creditors are, I think that an immediate offer might be worth a try. Be aware that your IVA company might want a variation fee for putting this to creditors so I suggest that you have a look at the proposal first to ensure that the fee isn't prohibitive.

There was a post yesterday from someone who seemed to have a very unfair variation fee built in to their proposal.
 
 

jpj

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Post by jpj » Sat Nov 17, 2007 8:08 am
As I always suggest,it is tough working out your own full and final offer...Your IP works for you and is very experienced...give them a call and request a figure!..I did and got a suggested amount to offer within a couple of days![:)]
 
 

MelanieGiles

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Post by MelanieGiles » Sat Nov 17, 2007 11:40 am
How was this asset dealt with in the IVA originally? I am suprised that creditors allowed you to retain an investment property without also bringing that into the arrangement.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

spenmotherhen

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Post by spenmotherhen » Mon Nov 19, 2007 12:13 pm
Hi Melanie our IVA started with only 3k of equity, so we have the 4th year clause of remortgaging.
Our IVA company have told us that we may be able to sell and make a F&F to settle our IVA, with creditors consent, now that we have more equity.
Does this sound fesible?
 
 

MelanieGiles

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Post by MelanieGiles » Mon Nov 19, 2007 11:01 pm
Yes that would be possible, particularly if you are able to demonstrate that you are now struggling to make the payments.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

spenmotherhen

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Post by spenmotherhen » Tue Nov 20, 2007 10:41 am
My hubbie came home from work yesterday and hopefully, at last, our rent should be corrected back to what we were previously paying. The problem is we won't know for sure until the end of the month if this is definately sorted as our rent is paid straight from my husbands pay before we receive it.
Do I continue and send all relevant information backing up our situation to our IP or wait until payday as we could be back to "Normal" again if all is well. If for any reason we don't have our rent ammended December is not a good month to be £200 short.

My other quick question (sorry Melanie) if our rent returns to normal would we still be able to sell our house and offer a F&F?

Or

Is it possible to sell repay the majority and pay our IVA contributions for a shorter time (paid 18 months so far)

Thanks for your time and experience
regards Spenmotherhen
 
 

MelanieGiles

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Post by MelanieGiles » Tue Nov 20, 2007 10:36 pm
I think that you struggle to justify to creditors the need for a full and final settlement if you have restored your disposable income back to normal levels. Creditors will still expect you to effect a maxiumum return based upon your circumstances.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

spenmotherhen

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Post by spenmotherhen » Wed Nov 21, 2007 10:32 pm
Thanks Melanie thats fair enough, my IVA company have said they would look into it but they haven't come acrss this before.

Now are rent is back to normal then we will be ok financially

Thanks for your info
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