Can I go straight to my creditors and pay off IVA ? I am divorcing and sold the property.

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Paula.22

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Post by Paula.22 » Wed Sep 21, 2016 1:56 pm
I am already in an IVA and going through divorce and sold the property. I am trying to pay it off early and wondering iI can go straight to creditors and pay it off straight away.
 
 

kallis3

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Post by kallis3 » Wed Sep 21, 2016 2:01 pm
Hi and welcome,

Sorry about the divorce. I presume the restriction was lifted from the sale?

You will need to let the IVA fail or speak to the IP company to see what you can do.

If, by selling the property you can pay your creditors off in full then I would let the IP sort that out for you.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Foggy

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Post by Foggy » Wed Sep 21, 2016 2:15 pm
I am surprised you sold the house -- was this with your IP's involvement ? There should have been a restriction on the title.

Before the creditors will negotiate with you the IVA has to be terminated, one way or the other. Then they will add back all of their lost interest and might, or might not, be willing to negotiate.

It's a frying pan and fire situation I am afraid.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Lisa Thomas

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Post by Lisa Thomas » Wed Sep 21, 2016 2:19 pm
I'm surprised you managed to sell the property without the IP knowing.

All of your share of equitable interest will be due into the IVA now. If there is sufficient to pay off the total debt, plus interest plus costs then your IVA will come to an early end.

That's if you haven't already breached it due to the sale of your asset.
Last edited by Lisa Thomas on Wed Sep 21, 2016 2:21 pm, edited 1 time in total.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Paula.22

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Post by Paula.22 » Wed Sep 21, 2016 2:36 pm
Hi
This is one of my concerns there was no restriction on my property. And sorry but what is a ip ?
 
 

kallis3

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Post by kallis3 » Wed Sep 21, 2016 2:52 pm
An IP is your Insolvency Practitioner who oversees your IVA.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Lisa Thomas

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Post by Lisa Thomas » Wed Sep 21, 2016 2:56 pm
Insolvency Practitioner AKA your IVA 'Supervisor'
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Paula.22

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Post by Paula.22 » Wed Sep 21, 2016 3:27 pm
Thanks. I never get to speak to the person i set my iva up with and my other concern is that my debt was £17000, the iva company have said i will need to pay £22000 to end my iva
 
 

Paula.22

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Post by Paula.22 » Wed Sep 21, 2016 3:29 pm
Also i did advise the iva company that i was sellig the property and my solicitor called them more than once
 
 

kallis3

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Post by kallis3 » Wed Sep 21, 2016 3:48 pm
The total money will include fees and statutory interest. Insist on speaking to your IP.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Paula.22

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Post by Paula.22 » Wed Sep 21, 2016 4:46 pm
Thanks for the advice. Apparently my ip is no longer there so am waiting a call back from a senior staff member
 
 

kallis3

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Post by kallis3 » Wed Sep 21, 2016 5:06 pm
You can always insist on speaking tomorrow.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Wed Sep 21, 2016 9:58 pm
If there was no restriction then check and see if the property was excluded. Unusual but possible and if so your IP and creditors may have slipped up. Might be worth getting a specialist legal advisor to read over the paperwork.
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
 
 

Lisa Thomas

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Post by Lisa Thomas » Thu Sep 22, 2016 10:08 am
If your original IP no longer works there, your IVA would have been transferred to another IP and you would have a new Supervisor. Insist on speaking to them.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Paula.22

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Post by Paula.22 » Wed Sep 28, 2016 9:41 am
Also what would happen to the iva if i paid my creditors off direct ? As some of these debts are also in my ex husbands name also but its just my name on the iva

Thanks
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