Partner passed away January, without life insurance. Mortgage in his name. IVA in my name

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Kerrydw63

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Post by Kerrydw63 » Thu Mar 26, 2015 9:57 am
My partner passed away suddenly in January, he did not have life insurance and the mortgage was only in his name because of my debt. I will have to rent, I live in harrogate where rent can be high, I don't want to move as my family are here. I don't want my iva to fail but I am really concerned about how I will manage. My partners parents made a low offer to my creditors which was rejected as they feel I can pay the money back when I'm ready to go back to work. Can anyone tell me if they have had any success in having the iva settled early if you are able to cover the remaining payments in the plan upfront?
 
 

Foggy

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Post by Foggy » Thu Mar 26, 2015 10:26 am
Hi Kerry. Sorry to hear of your loss.

Usually an offer in the region of what is left to pay (months remaining x monthly amount) is looked upon favourably.

Was your earlier offer actually put to the creditors or was that the opinion of your IP ?

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
 
 

Michael Peoples

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Post by Michael Peoples » Thu Mar 26, 2015 10:30 am
My condolences first and I think your creditors have been harsh in rejecting the offer. Get your IP to go back to them as this seems unusual. Normaly creditors are sympathetic where death or serious illness are involved.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

lifenoteasy

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Post by lifenoteasy » Thu Mar 26, 2015 10:33 am
Sorry to hear of your loss.

Foggy always gives sound advice so I would follow it.

I hate mentioning it but you are deemed as a beneficiary in any will e.g. will the house be left to you as that may be a factor in how any offer is viewed.

For the purposes of the IVA you need to be really clear on what your i&e is, what assets you have and what you may have coming.

It sounds really clinical but the whole process is not based on understanding what you are going through.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Adam Davies

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Post by Adam Davies » Thu Mar 26, 2015 11:23 am
Hi

Your IP needs to go back to your creditors and try and negotiate a settlement given your circumstances

Is there equity in the property and are you a beneficiary to your late partners estate ?

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Andam Davies
 
 

Kerrydw63

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Post by Kerrydw63 » Thu Mar 26, 2015 1:06 pm
My offer was put to the creditors, the iva company did not ask if I could afford more, just to call them when I could start making payments again.
My partners will was written before we met, his parents are the beneficiaries however after the mortgage has been repaid and some of his debts there isn't a great deal hence why they are trying to help.
I'm with Knightsbridge finance.
 
 

Michael Peoples

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Post by Michael Peoples » Thu Mar 26, 2015 1:39 pm
It is possible that your IVA has not been put on a payment break while you are off work so hopefully it will not be failed. You should do an estimated income and expenditure account based on you working again to see what if any surplus would be left at this time. Bear in mind the cost of rent, council tax, heat and light etc will now be your cost alone and it would be unlikely if the IVA could continue on. The offer should have been accepted so once you have calculated your new surplus [if any] go back to the IP and ask for another full and final offer to be made.

I feel this is very unfair to you and unlike creditors.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

luluj

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Post by luluj » Thu Mar 26, 2015 5:11 pm
So sorry to hear of your sad situation. Michaels advice sounds good and I would suggest you follow this and try again. Don't give up x
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Kerrydw63

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Post by Kerrydw63 » Thu Mar 26, 2015 8:27 pm
Thank you to all who have replied, I feel a little less stressed and more deterrmined now x
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