just notified that as property is untouchable IVA prolonged for 3 years. Where do I stand legally ?

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Len.y

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Post by Len.y » Mon Sep 01, 2014 11:55 am
Dear Sirs
The initial debt totalled £50.000 most of which was due to a debt for which my ex-wife was responsible anyway I admitted joint responsiblity and the IVA arranged was agreed, over the five year period i have paid in excess of £20.000 the arrangement was due to conclude Sept this year however recently I was notified that as any equity in my house was untouchable that the arrangement would be prolonged for another three years, i have not agreed to this as it does not comply with the original agreement, my question is can the arrangement be altered in this way without consultation and if so where do I stand legally
Thanks in anticipation
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Foggy

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Post by Foggy » Mon Sep 01, 2014 12:01 pm
Hi Len. No. it cannot be altered without your agreement. Check your proposal for equity release provisions. Be sure to also check the Chairman's Report, as changes in that override the proposal document.

Who are you with ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Shining

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Post by Shining » Mon Sep 01, 2014 9:03 pm
Foggy - here is the link to the reply to your question above. I have locked previous topic to avoid confusion.

http://www.iva.co.uk/forum/topic.asp?TOPIC_ID=67036
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Foggy

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Post by Foggy » Mon Sep 01, 2014 9:37 pm
Thanks Lesley :-)

Len. I am afraid I have no knowledge of that particular company, but my reply above stands -- do check your paperwork. They as as bound by the agreement as you are.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

lou3

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Post by lou3 » Tue Sep 02, 2014 11:46 pm
They cannot alter the arrangement without your consent - but if there was a requirement to release equity written in to your original arrangement then you are legally obliged to either release it or make extra payments in lieu. You have to agree to one or the other in order to remain compliant with your terms and conditions. If you do not then your IVA will simply fail and there is a good chance you will be worse off than before.
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