That First Desperate Post

Get expert opinion. This is the place for new questions to be posted.
24 posts Page 1 of 2
 
 

SG70

User avatar
Posts: 11
Joined: Mon Feb 08, 2010 7:39 pm
Location: United Kingdom

Post by SG70 » Tue Feb 09, 2010 2:24 pm
Firstly, I hope Im posting the right place. Anyway, I found this website a few weeks ago and have been reading avidly since then. Truth be known, Ive been scouring the site quite desperately as I do believe Im in a very big hole right now. Can I apologise in advance for the rather rambly first post – I have a lot of unknowns in my mind and Im trying to find the courage to move forward. If I look at my situation then I can see it started many years ago so it’s a wonder that I seem to have gotten by for so many years with my head in the sand. That isnt actually entirely true as I now know that Ive managed by robbing Peter to pay Paul. When I was offered the loans and cards (many years ago), I had a good salary, costs of living were reasonable and I received a healthy maintenance payment for my daughter. As time has gone along, my maintenance payments have decreased, the cost of living has gone through the roof and I havent had a payrise for four years! As wrong as it may seem, when I stumbled upon this website I was delighted to know that I wasn’t the only person in this situation. I was starting to feel like a failure because everybody else could pay their bills so why couldn’t I? In comparison to most, I earn a decent salary and I have no idea where my money goes as I don’t have a flashy car, exotic holidays or all the latest gadgets. I go out to socialise maybe three times a year - this is mostly because I seem to be constantly depressed about my financial situation and so I just stay at home living in my own little ignorant world. I do now acknowledge that I have a major problem that I need to address so thought if I post my details I may get some feedback as to what may happen to me. Before I stumbled upon this website, I believe one of the reasons I refused to accept I had a problem is because I seriously thought I could be imprisoned for having accumulated so much debt that I couldnt repay. Ive read enough posts to know that the best advice is to call several IP’s and chat through my situation but for some reason Im still feeling too scared to speak to anyone as I fear the advice may cause me to lose my home and I don’t seem able to accept this as although Ive accumulated huge debts, Ive worked so hard to try to keep my head above water. My low rate credit card deals are soon to end and I have no further credit available to ‘juggle’ with so soon Im going to hit the really high monthly pay outs which I just cant service.

Im sure we all feel our situations are complex but this is how things are for me:

Main residential property Value is £155,000
Mortgage with TMB is £120,500 20 years remaining £580 per month
Second Charge with First Plus £64,000 20 years remaining £560 per month

Unsecured Together Loan Northern Rock £20,000 20 years remaining £188 per month
Northern Rock personal loan £5,000 7 years remaining £55 per month
Abbey MBNA credit card £9,000 £25 per month
MBNA credit card £10,000 £125 per month
Egg credit card £10,000 £230 per month
Sainsburys credit card £5,000 £130 per month
MINT credit card £8,000 £130 per month
Abbey personal loan £12,000 7 years remaining £196 per month
Abbey overdraft £1,500 £0 per month
Black Horse (HP for sofa)£500 18 months remaining £28 per month
TOTAL UNSECURED £81,000 costing £1,082 per month

I was also overpaid tax credits for many years for which its claimed I owe £7,000. Repayment of this is in hand as Im entitled to claim £530 per year but don’t get paid anything until the overpayment has been cleared.

Just to complicate matters I own a second property that I let out. This was my former matrimonial home but I had to remortgage it to pay off ex and its now in negative equity so impossible to sell, also, its not worth selling as its currently providing me with additional income.

Buy to let property Value is £160,00
Mortgage £175,500 £440 per month
Monthly rental income is £700

There are lots of twists and turns to my story but recently Ive lost £130 a month from the CSA. I was receiving £300 but its now £170.

My current unsecured debts are costing £1,100 a month to service. Im only paying £25 a month on one MBNA card and £125 on another as Ive got deals that expire in March and June when payments will soar to over £200 a month for each.

Employment-wise things are complicated. The company I work for has recently down-sized and Ive been offered an additional monthly sum of £600 net to work from home (this is additional to my current take home pay of £1,885 per month). This additional £600 needs to be used to cover the costs of running a home office (phone, broadband, additional gas/electric as I’ll be home all day, postage, stationary, travel costs etc.) plus an element to cover the costs of ‘renting’ my spare bedroom to enable me to use it as an office. Although I’ll be working from home, the nature of the business means I have to visit an off-site secure storage facility every day to physically deposit back-up data. Ive calculated that I will have a surplus of £200 from this once all bills have been paid which is what I will, in effect, be paying myself as rental for the bedroom usage. Unfortunately, this new arrangement does not start until 1st May 2010 (at the latest) so I feel Im unable to proceed to talk about an IVA until maybe Im in receipt of that money. I do have a formal letter from my employer setting out the additional payment I will receive but it does not specify a date as this has not yet been agreed. Based on my income without this additional £600 per month then I think bankruptcy would be my only option, however, my employer has already specified that I cannot run the business from home as a bankrupt as our auditors would find this wholly unacceptable.

All in all I believe that I will have about £400 a month to pay into an IVA. Having read posts regarding NR, I can see that any IVA proposal I may be in a position to make will be for 72 months owing to the remaining term of my loans with them.

The reason Im dithering in approaching an IP is because Ive used my credit cards quite a lot in the last month or so. My boiler (only 4 years old) melted itself to pieces during the cold spell and cost me £300 to repair. I felt I could never afford the servicing costs so didn’t bother but can now see this was a false economy. The real dent in the cards recently was me trying to dig myself out of a hole but, as it happens, it seems all Ive done is make my hole bigger! The tenants in my rental property were asked to leave after five years because they were not looking after the property. It needed redecorating from top to bottom to bring it up to a standard acceptable to other prospective tenants. Even though I undertook most of the work myself, the materials and new carpets set me back a few thousand pounds which was all paid for on a credit card. The good news is that I now get an extra £200 a month in rent and so in the long-term I had to spend the money to enable the rent to rise. As I say, Im unable to sell the property as its in negative equity.

What has really bought matters to a head is that I have an 8 year old sporty type car (not old compared to most) and in the last six months it has cost me a fortune to tax, mot and service and I wont be able to afford it when its due again. For the MOT it required new tyres which cost £300 and I was advised that the brakes et al will definitely need replacing for its next MOT (due in September 2010). I feel that the car has a sense that I no longer have credit and in the last few weeks anything that could break has done so. Im currently ignoring the very rough sounding exhaust as I know I cant keep spending money on it. My big concern is that it is not going to get me through the next six years if I am able to have an IVA. What do I do? Would it be considered fraud if I purposely bought a new car on HP when I already couldn’t afford the debt I have. Like so many of you, I don’t currently have any missed payments and I may be able to get through the next three months by switching and changing but what do I do?

After this complete ramble of desperation, I guess what I want to know is;

Am I eligible for an IVA if I own two properties?
Will I be made to sell the 2nd property even though its in negative equity as Ive just signed a years contract with new tenants?
Will I be refused an IVA on the basis that Ive spent heavily on my credit cards in recent months?
Should I purchase a new car on HP now or is this fraud as the last thing I want to do is break the law but I need a reliable car for work?
Will I have to tell my employer? I work in finance although the company is not regulated and I have no responsibility for any money at any time, however, I can view the bank account to assess whether funds have been received.
I know this one sounds pathetic but will my sofa purchased on HP have to be removed? It cost £1,400 and I now owe £500?

I probably have a million questions but this is just the beginning. I feel highly embarrassed as nobody else spent the money. I seem to want to continue living life in my little bubble but the credit lines are drying up and Im now aware that very shortly my bubble is going to burst. I just cant stand the thought that through my inability to earn sufficient funds to keep my daughter in her own home that we may lose the home.

Many thanks.
 
 

orange

User avatar
Posts: 1183
Joined: Thu Aug 21, 2008 8:02 pm
Location:

Post by orange » Tue Feb 09, 2010 2:37 pm
weve all been in that bubble...hope one of the experts will be along soon good luck
completed july 2011
 
 

Shining

User avatar
Posts: 27019
Joined: Thu Sep 20, 2007 8:57 am
Location:

Post by Shining » Tue Feb 09, 2010 2:53 pm
Hi there and a warm welcome to the forum, you've certainly come to the right place, I can't answer all your questions but we have some professional posters who are more suited to do this. I'm here to assure you that you're not alone and there will be a solution out there for you.

May I suggest you take a look at www.iva.com for a list of companies and some reviews of these, choose 2 or 3, that is important that way you'll get free impartial advice specific to you. We have professional posters on here who act as IP's and they can be contacted via the expert link they all come highly recommended.

Do stay around with us for advice/support, we're a really good bunch and like I say a professional will be along very soon to give a more concise reply. x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Tue Feb 09, 2010 3:12 pm
Hi SG70 and welcome from me too.
First of all you have not committed any fraud and you are not hte only person to have used credit cards to survive when it was the only option. This would also apply if you purchased a reasonable runaround to last for the duration of the IVA but I would ensure that any agreement is hire purchase and not an unsecured loan. Double check the paperwork and if in doubt hire purchase agreements refer to repossession and termination rights.

The fact that you own two properties is not a bar to an IVA and we have people who own numerous. Creditors will want these properties revalued at a later stage and equity released if possible although rarely is your home at risk of sale. The investment property may have to be sold if there is equity after costs and capital gains tax but it is a non issue at the moment as it is not costing you or your creditors any money.

Your suite of furniture is safe as it was unsecured borrowings and not technically hire purchase.

You have effectively written your own proposal and you only need an IP firm to type it up for you as you have clearly done your homework. Your employer does not need to know unless it is in your contract but even if you did tell them they would probably be delighted your financial problems are under control.

Contact an IP firm for some free advice, ask those millions of questions and good luck.
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
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Tue Feb 09, 2010 3:47 pm
In addition to my previous post I would like to point out that if your IVA was approved the tax credit overpayment would form a debt in your IVA and your entitlement would be restored. This would improve the surplus income on offer and you would not be stuck with a debt that would take 14 years to repay.
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
 
 

Clairbare

User avatar
Posts: 117
Joined: Fri Jan 29, 2010 11:33 am
Location:

Post by Clairbare » Tue Feb 09, 2010 6:11 pm
Welcome SG70 and rest assured you are not alone out there - I have found this forum to be my daily dose of reassurance since I joined (which is very recent) and I am sure you will gain some positive reassurance from this too. You will have your up and down days but if there is ever a question you need answering or a rant you need to just let out - there really is always someone here to listen!
Stay strong and call some IP's asap
Debt free by 2015 xx
Wants to thank this great forum for the help so far
 
 

Julie

User avatar
Posts: 9478
Joined: Thu Feb 14, 2008 10:56 pm
Location: United Kingdom

Post by Julie » Tue Feb 09, 2010 6:26 pm
Hi Sg70,

A warm welcome to the forum from me too. I think Michael has answered your questions and hopefully put your mind at rest that an IVA could be for you. I know it can be daunting to actually speak to someone, but remember the IP's are there to help you. No-one will judge you and believe me you will feel so much better afterwards.

We're all here for you too xx
 
 

SG70

User avatar
Posts: 11
Joined: Mon Feb 08, 2010 7:39 pm
Location: United Kingdom

Post by SG70 » Tue Feb 09, 2010 6:32 pm
Many thanks for the helpful replies.

Can I just ask, do I need to wait until Im in receipt of my increased salary or can I approach am IP now? Its just that on my current salary, taking into account reasonable everyday living costs, I wouldnt have £200 a month to spare so I understand an IVA would not be possible - is this correct? It may just be that Ive been over generous in working out my outgoings so on my current salary maybe I could manage £200 knowing it would only be for a few months until my increased salary kicked in and I could then guarantee being able to pay more into my IVA and to also then budget sensibly. Is it best to try and hold out until the pay increase is guaranteed in May or should I sort this problem now based on my lower salary where I feel the amount I could offer is so low there is a high risk of any IP refusing to put forward a proposal anyway?

Once again, many thanks for the sensible answers you provide - they make so much difference to how I propose to tackle my problem rather than just ignoring it.
 
 

Julie

User avatar
Posts: 9478
Joined: Thu Feb 14, 2008 10:56 pm
Location: United Kingdom

Post by Julie » Tue Feb 09, 2010 6:36 pm
I'd contact an IP now, let them work out your figures and see what your diposable income at the moment is. Some IVA's have been agreed on lower than £200....

At least you can get the ball rolling, get all the paperwork sorted etc and the payrise can possibly be calculated in the proposal.

Making the initial call is the difficult one, so decide which IP's you're going to contact and maybe in the first instance use " a contact form" on their websites. This way they phone you back and it stops you from hanging up before they answer.[;)]

xx
 
 

steppingstones

User avatar
Posts: 161
Joined: Sat Jan 23, 2010 7:11 am
Location: United Kingdom

Post by steppingstones » Tue Feb 09, 2010 7:09 pm
Hi SG70,
I agree with Julie. Talk to two or three IP's asap. I dithered for a few months before I finally made the call and it is my biggest regret now that I didn't get it all sorted out a lot sooner.
I found that talking to a professional really helped me gather my thoughts and focus my plan.
 
 

tane_uk

User avatar
Posts: 8
Joined: Mon Nov 09, 2009 9:51 pm

Post by tane_uk » Tue Feb 09, 2010 7:45 pm
Hi

I totally understand your circumstances i was was in a very similar place as you are 5 months ago (spookly similar) My IVA was approved last Dec we managed to keep our home and the rental and have monthly repayments that we have control on again . Best of all i can sleep again.

The group on this site were of great help and support and i will always be thankful for them.

My only advise is take your time to collate all the information (i treated it like a project) and make the decision and go for the company and solution you feel comfortable with ! due to panic and stress i nearly jumped at the first solution offered that would not have been the best option get a scond and third opinion
good luck
 
 

kabby3

User avatar
Posts: 304
Joined: Sun Aug 17, 2008 4:19 pm
Location: United Kingdom

Post by kabby3 » Tue Feb 09, 2010 8:20 pm
Hello SG70 xx you situation sounded so much like mine some nearly 5 years ago!! Here I am now almost at the end of the IVA and 70% of my debt has been written off !! I only discovered this forum more recently and its been my support xx good luck you will be fine Ps Melanie Giles is fab you will see her posts on her and although I didnt use her I would of if I found myself in this position again xxx please take care of your family and yourself and choose you IP carefully xxxx
On the slow safe road to success. Personal thanks to Melanie Giles Kallis Skippy Elv5 and all the other wonderful forum friends.
 
 

kabby3

User avatar
Posts: 304
Joined: Sun Aug 17, 2008 4:19 pm
Location: United Kingdom

Post by kabby3 » Tue Feb 09, 2010 8:23 pm
ps your sofa will not be returned I am sitting on mine right now !!! it was included in my IVA (although DFS were horrid during phone calls) x
On the slow safe road to success. Personal thanks to Melanie Giles Kallis Skippy Elv5 and all the other wonderful forum friends.
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Tue Feb 09, 2010 11:10 pm
Wow - that is the longest post I think I have ever read on the forum, and what a lot of details. You could almost have been in my office across the dest from me - as you have pretty much answered all the questions I would have been asking to assess your situation. Very well done!

That said, there is nothing to second professional advice directly from an insolvency practioner under two-way conversation, and this will give them the opportunity to advice you of the advantages, disadvantages and implications of each solution, and you the opportunity to ask questions.

To me, you have the grounds of a good offer in there - but you just need to ensure that this represents the best way forward - not just for now but also into the future.

I wish you the best of luck with your new work opportunity (wish I could work from home more!) and in dealing with your debts.
Regards, Melanie Giles, Insolvency Practitioner
 
 

SG70

User avatar
Posts: 11
Joined: Mon Feb 08, 2010 7:39 pm
Location: United Kingdom

Post by SG70 » Wed Feb 10, 2010 6:35 am
It did take weeks of writing, deleting, re-writing and lots of reading this forum to put my post together. Im so sorry that it was so long winded but something in me just needed to get it all out. Once Id started writing I felt it was therapeutic and so perhaps did get just a little carried away! When I posted yesterday I was scared but having woken up this morning Im already feeling more positive about what I need to do rather than that usual morning feeling of wondering why I bother getting up at all! Sorry if I sound negative as I really dont feel so completely negative this morning.

Thanks for the help and I'll keep you posted.

Nicky
24 posts Page 1 of 2
Return to “Ask IVA Forum and Industry experts”