Can my guarantee be called upon ?

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

Kishore

User avatar
Posts: 1
Joined: Mon Apr 07, 2014 11:20 pm

Post by Kishore » Mon Apr 07, 2014 11:20 pm
I had my IVA approved in 2011 and since then I have been able to maintain my contributions agreed in the proposal. However, I have given a new personal guarantee to a factoring company to facilitate discounting of receivables . One deal has gone sour and they have threatened to call my guarantee.
This might just be a threat and can be settled amicably.

However, I need to know what the implications are
if I am in IVA. Can they call on my guarantee and if so can this be added to the amount in IVA?

Thanks.
Kisore
 
 

luluj

User avatar
Forum Expert
Posts: 11333
Joined: Sun Dec 09, 2007 6:54 am
Location: United Kingdom

Post by luluj » Tue Apr 08, 2014 2:42 am
Your iva will be based on your financial standing at the outset. If further debts come to light during the iva your IP may be able to consider adding them with the approval of creditors however they may also not ... It is worth asking that question to your IP direct.
Sharing from experiences of dealing with debt

There is a solution for everyone .... Just need to stay positive !

Look at my blog "All I wanted was a baby"
 
 

ClareSilver

User avatar
Posts: 597
Joined: Tue Jan 15, 2013 2:15 pm
Location: United Kingdom

Post by ClareSilver » Tue Apr 08, 2014 8:35 am
Did you give the guarantee after the IVA was approved or before? Is your IP aware of it?
 
 

Michael Peoples

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

Post by Michael Peoples » Tue Apr 08, 2014 9:02 am
You need to discuss this with your IP if they do not know already. Your guarantee would not have been worth much if you are already insolvent and I am surprised the factoring company took it.
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
 
 

MelanieGiles

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

Post by MelanieGiles » Wed Apr 09, 2014 1:41 am
Was the guarantee limited to a certain amount Kishore, and what level of exposure would you say you are facing at the moment in terms of monetary value?
Regards, Melanie Giles, Insolvency Practitioner
5 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”