secured creditor kicking me out

44 posts Page 3 of 3
 
 

nickelchao

User avatar
Posts: 24
Joined: Thu Dec 13, 2007 5:09 pm
Location:

Post by nickelchao » Thu Dec 20, 2007 6:10 pm
In addition, the information is obtained by the agent. The remortgage that has been approved is far more than the full mortgage repayment to Barclays, does the rest of the money need to put into the IVA account and does the remortgage money have anything to do with the IVA account?
 
 

mikebdomain

User avatar
Posts: 1126
Joined: Thu Aug 23, 2007 10:03 am
Location: United Kingdom

Post by mikebdomain » Thu Dec 20, 2007 9:20 pm
Hi nickelchao

Your post has confused me a little - am I correct in saying your IP is arranging your remortgage?

If so, you desperatly need to seek a second opinion - At this stage you should not be concerned with "paying off" your IVA - your main priority is keeping a roof over your head...

I would suggest you seek to remortgage just enough to get rid of Barclays, then suggest to your IP that you may remortgage in the 4th or 5th year of your IVA to raise any capital that may exist to pay towards your IVA.

If you remortgage and pay off your IVA and Barclays now, and can not afford to keep the mortgage payments up, you will be in a much worse situation.

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Whole of Market Mortgage Broker & Mortgage packager

Specialising in adverse credit.

Directly Authorised Firm FSA No:313790

CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
Certificate in Regulated General Insurance
Associate of the Charted Insurance Institute

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

nickelchao

User avatar
Posts: 24
Joined: Thu Dec 13, 2007 5:09 pm
Location:

Post by nickelchao » Thu Dec 20, 2007 10:25 pm
The one who deal with my IVA application and the remortgage application are the same company.
Right, which remortgage company would you suggest to me?
 
 

MelanieGiles

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

Post by MelanieGiles » Thu Dec 20, 2007 10:25 pm
Conflict of interests springs to mind!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

nickelchao

User avatar
Posts: 24
Joined: Thu Dec 13, 2007 5:09 pm
Location:

Post by nickelchao » Thu Dec 20, 2007 10:30 pm
By the way, the mortgage company has approved a mortgage but more than what I need. Would you think that I can just contact mortgage company and ask them to reduce the amount of mortgage that I need. Would you think the mortgage company will contact my agent? If so, my agent may stop them reducing the mortgage loan.
 
 

mikebdomain

User avatar
Posts: 1126
Joined: Thu Aug 23, 2007 10:03 am
Location: United Kingdom

Post by mikebdomain » Fri Dec 21, 2007 9:08 am
Melanie - the apparent conflict of interest also concerns me somewhat…

Nickelchao

I would defiantly contact the mortgage company, and reduce the amount you are borrowing. Also check the fees and commission on your KFI. If there is an introducer fee being paid to your IP I would insist that this is not paid, as it would seem to me that your IP should have advised you that this may have been an issue that should have been discussed with Barclays, prior to taking out the IVA.

You can talk to ANY mortgage broker about your remortgage I would personaly recommend any of us that post on this forum e.g.

Tony Parsons of All Mortgage Products (Welshboy)
Andrew Graveson of BrightOak
And of course myself – Mike Burridge of Leybridge (Mikebdomain)

You say that you remortgage has been agreed – is that an Agreement in Principle or have you been issued with a mortgage offer?

If it is an Agreement in Principle (AIP), this can be obtained within 15 to 30 minutes by any broker and I would recommend that you talk to another Mortgage Broker and arrange this ASAP.

If it is an offer, you will have received from the broker; an initial disclosure document (IDD), a Key Facts Illustration (KFI) and hopefully a suitability letter which should explain why a particular product was chosen for you (although this document is not a legal requirement) you will also have received the Offer document from the lender which should match the details in the KFI. Then you just need to get a new offer issued from the lender for the lesser amount required to cover your mortgage with Barclays and fees and charges, there may be a fee for issuing a new offer.

If you just have an AIP, things will not be slowed down by going to another broker – all advice from brokers is free and you will not be charged until you actually make an application for a mortgage product.

If however, you have a offer – it is probably better to stay where you are and just arrange the changes on the offer as required.

But, please do ensure you check the fees and commissions on the KFI, and who they are being paid too, and what for…


FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Whole of Market Mortgage Broker & Mortgage packager

Specialising in adverse credit.

Directly Authorised Firm FSA No:313790

CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
Certificate in Regulated General Insurance
Associate of the Charted Insurance Institute

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
Last edited by mikebdomain on Fri Dec 21, 2007 9:09 am, edited 1 time in total.
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Sat Dec 22, 2007 8:08 pm
Hi
Mike,great advice and a good job that you post on here.
This is the first time that I have heard of a secured lender calling in a loan due to an IVA,maybe it is due to the commercial aspect of the security.
Let's hope so
Regards


Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

mikebdomain

User avatar
Posts: 1126
Joined: Thu Aug 23, 2007 10:03 am
Location: United Kingdom

Post by mikebdomain » Sun Dec 23, 2007 12:39 pm
Thanks for that Andy - Unfortunatly this is not the first time I have heard of this and am suprised it doesn't happen more than it actually does. We are dealing with three very similar cases at the moment, two are Barclays and one is Natwest all three are where the person lives in less than 40% of the property and therefore the mortgage is considered a commercial product and not regulated by the FSA.

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Whole of Market Mortgage Broker & Mortgage packager

Specialising in adverse credit.

Directly Authorised Firm FSA No:313790

CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
Certificate in Regulated General Insurance
Associate of the Charted Insurance Institute

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Sun Dec 23, 2007 8:51 pm
Hi
This is something that must be pointed out to anybody considering an IVA that has a property where they live and over 60% is commercial.This may well affect self employed shopkeepers living above the retail premises etc
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

nickelchao

User avatar
Posts: 24
Joined: Thu Dec 13, 2007 5:09 pm
Location:

Post by nickelchao » Sun Dec 23, 2007 9:37 pm
Hi, Mike thank you for all your great advices.

The documents state that it is not a legal binding mortgage offer so is it an AIP?
 
 

nickelchao

User avatar
Posts: 24
Joined: Thu Dec 13, 2007 5:09 pm
Location:

Post by nickelchao » Sun Dec 23, 2007 9:52 pm
Sorry, made an mistake on my previous post. It is a Key facts letter.

The mortgage company have illustrated that they are regulated by FSA, does it mean our case will be regulated by FSA?

In addition, the 'extra' loan (the rest of the money after paying Barclays) will go into the IVA account. Do it mean that I have less to pay for the IVA or else?

furthermore, I would like to ask you what is the overall cost (in APR) and the standard variable rate currently on the market?

Best regards,

Nickelchao
 
 

nickelchao

User avatar
Posts: 24
Joined: Thu Dec 13, 2007 5:09 pm
Location:

Post by nickelchao » Sun Dec 23, 2007 9:54 pm
Do you think I'd better contact the broke or the mortgage company itself?
 
 

mikebdomain

User avatar
Posts: 1126
Joined: Thu Aug 23, 2007 10:03 am
Location: United Kingdom

Post by mikebdomain » Sun Dec 23, 2007 11:43 pm
A Key Facts Illustration is a quote for a mortgage product and not an offer, nor is it an Agreement in Principle. So it is fairly early days in your application.

The company that supplied the KFI is regulated but the product is not. Therefore the product would not come under the same principles as a regulated product would under FSA regulations.

The APR available to you would be wholly dependant on your personal circumstance and I could not begin to suggest what that might be without a full fact find and a credit search.

I can not offer any advice concerning your IVA - but I would really suggest that you seek advice from another broker. Or talk to your existing broker about reducing the amount you want to borrow, so as it just covers the Barclays mortgage.

FREE ADVICE IS THE BEST ADVICE

LEYBRIDGE LIMITED
Whole of Market Mortgage Broker & Mortgage packager

Specialising in adverse credit.

Directly Authorised Firm FSA No:313790

CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
Certificate in Regulated General Insurance
Associate of the Charted Insurance Institute

see feedback and testimonials at:
http://www.leybridge.com/testimonial.php
Check out my blog at:
http://mikebdomain.blogs.iva.co.uk/
Please read our Initial Disclosure Document(IDD):
http://www.leybridge.com/Leybridge-IDD.pdf
LEYBRIDGE LIMITED
Mortgage Broker & Mortgage packager

Directly Authorised Firm FSA No:313790
CeMAP 1,2 & 3 qualified
F.P.C 1,2 & 3 qualified
Financial Planning Certificate
Certificate in Regulated Customer Care
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Mon Dec 24, 2007 9:27 am
Hi
You need to go back to your IP and ask exactly where you stand with your IVA.Your IVA payments should go down by the amount that your mortgage increases.
Regards

Andy Davie
IVA.co.uk Spokesperson and Website Manager

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
44 posts Page 3 of 3
Return to “new postings for December”