What happens with a substantial difference between amount we say we owe and amount claimed ?

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Natasha.g

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Post by Natasha.g » Tue May 12, 2015 2:02 pm
myself and my husband are in an iva and one of the debts on our account isn't as much as it says on the account. We have sent the iva company proof of this and they are saying it doesn't affect the amount we have to pay back, please could somebody advise as there is a £12,000 difference in what we owe and what they say we owe
 
 

Steven1001

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Post by Steven1001 » Tue May 12, 2015 2:09 pm
We had the same with a Northern rock loan where they front loaded all the interest. This added £7k to what we'd borrowed (excluding payments!)

Maybe this is what's happened. Ours also added fee's on to the loan for admin for the IVA at the beginning.

I think they bump it up as much as they can so they get a better return!
There's more to life than money....but it does help!!

64 payments made. Full and final with payments made to date accepted on 26/05/15 :-) completion certificate received 17/06/15 :)
 
 

Michael Peoples

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Post by Michael Peoples » Tue May 12, 2015 2:17 pm
The supervisor has to agree the claims and if this one is out by so much then the overall claims may have increased to breach level. It usually would not affect you unless you reach breach level or you are repaying in full so you are right to question the IP and get to the bottom of things.
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 » Tue May 12, 2015 4:32 pm
If I understand correctly the creditor is claiming less than was originally estimated? If so then:
Your original esitmate was simply that - an estimate. Your contributions (on assumption its a contributions based IVA) will have been based on what you could afford to pay back. If your creditors work out to be less than originally anticipated this just means the dividend will increase accordingly (unless they've reduced so significantly that you will have paid off 100p/£ plus interest). I can't see that it would affect the contributions you are paying. The Supervisor should however agree the claim taking into account the information you have provided.
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
 
 

Foggy

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Post by Foggy » Tue May 12, 2015 5:23 pm
Your contributions are based on your disposable income, not the level of debt. If one creditor claims less ( often some don't claim at all) then the surplus will be shared, pro rata, between the other creditors.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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