Advice about how to go about a full and final settlement much appreciated.

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A.21

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Post by A.21 » Fri Jul 25, 2014 4:00 pm
I have 18 months to run on an IVA which equates to around 7k. My partner has offered to get a loan to pay it off so that we can move on with our life. I need to study the contract but the offer from her will be a full and final settlement. It will be for the amount outstanding on the IVA, I want to reduce any chance of refusal. I also have a company 'connected' to the IVA firm pursuing possible PPP premium refunds which seems to keep the IVA 'open' if they haven't finished their investigations. I don't want to prejudice my partner, get caught by a 'windfall or gift clause, so any advice on how to go about this would be appreciated.
 
 

Adam Davies

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Post by Adam Davies » Sat Jul 26, 2014 9:49 am
Hi and welcome

You may find that even if your full and final payment is accepted your IVA will not conclude until all PPI investigation is concluded. You may then still be open to any windfall capture

Best to chat through with your own IP

Regards
Andam Davies
 
 

MelanieGiles

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Post by MelanieGiles » Sun Jul 27, 2014 6:41 pm
You should not be open to the loss of any windfalls once you have had a full and final offer accepted by creditors, but do make sure the wording of your offer reflects this point.
Regards, Melanie Giles, Insolvency Practitioner
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