full & final with house sale

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

lola422

User avatar
Posts: 18
Joined: Fri Aug 20, 2010 3:05 am
Location:

Post by lola422 » Sat Apr 11, 2015 10:54 am
Hi. Just looking for some advice.Since I took out my IVA in 2010 my property has jncreased in value enough to complete my IVA in full.I am happy to sell and go into rented accommodation as I am in danger of being made redundant this year. There should be enough money to pay back 100% in the £. Is it likely the creditors will take this much or take what I would have paid without a full & final. I have no qualms about paying in full, but trying to work out what I will have left for rent etc. My total debt was £34,000 with an agreement to pay back £22,500. I think I have paid approx £15,000 to date. My iva company are happy for me to sell given my change of circumstances, but can't yet tell me what they think the creditors will want. Has anyone else been in this situation. Thanks for any info
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sat Apr 11, 2015 3:08 pm
I would imagine they will want the amount to cover the full original debt, plus fees and possible statutory interest, less, that you have already paid, though some have managed to get the liability to interest removed.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

lola422

User avatar
Posts: 18
Joined: Fri Aug 20, 2010 3:05 am
Location:

Post by lola422 » Sun Apr 19, 2015 11:38 am
Thanks for your input. Yes I think they will want the full amount too plus fees. I wasn't aware about liability interest, but now I know, it's something I can factor in. I'm just trying to get an idea, as if I lose my job I will need to have money to rent. But at least the IVA will be paid off . Thanks again for the advice.
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sun Apr 19, 2015 11:55 am
Currently the interest element is 8% simple p.a on the reducing balance.

In my IVA ( though it never came into play) the liability to interest was excluded from the start and, some IP's have submitted variations to get this removed, with some degree of success.
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

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

Post by Michael Peoples » Mon Apr 20, 2015 10:01 am
If you are voluntarily selling the property creditors should exclude statutory interest but make sure you get agreement in a variation first. Otherwise consider renting out the property to cover the costs and sell it then when the IVA is completed.

Given that you are near the end you could also consider borrowing funds from a third party to offer as a full and final settlement. You could then sell afterwards. If you cannot borrow the funds from friends or family a secured loan may be an option. Creditors accept the full and final and you sell later.
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
5 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”