Mis-sold Our IVA?

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northernmonkey

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Post by northernmonkey » Mon Oct 01, 2007 7:48 pm
We've been under an iVa for around a year now. When we first inquired my partner was working and our payments were although high, manageable at £664 per month. Of course, when my partner went on maternity it was arranged that the iva payment would drop to £400, she has 2 months of maternity left and we are finding that payment far too high to be able to pay. We're not behind at all with either the iva or morgatge but feel we soon will be.
The reason I say about being mis-sold our iva is because our Ip assumed that we would get nearly £450 tax credits and some of the figures are dubious for other things, clothing etc, and nothing has been included for baby food, clothes, prams, etc etc.
After speaking to nationaldebtline today, they suggested that I write to the IP stateing that we want to sell the house (entry in the land registry too!), take any equity and divide that amongst our creditors and be done with it all, just go back to renting, fresh start and all that.
I can't see this happening as our IP is going to still want paying surely, and the entry in the land registry will prevent us from selling? Our IP has already had around 1 years payments from us, which must be over 5K.

National Debt line says that if they won't let us, then we should get a bit snotty with them, and threaten that we were mis-sold it, local and national press and media? I don't know if this is a good idea, I'm not a big fan of going bankrupt but it's looking more and more likely that this is going to happen.

has anyone done this, threatened the IP with the press and media. Would you consider it? How do i get them to make me bankrupt to save me paying as I dare say they'll claim their fees again from any equity in my house.

How long would I get to move out, and can I take a deposit for a rented house from the equity ( I think i know the answer to that one!)

We so confused, and I personally feel like an utter failure! I got a 5 month old and Mrs to support!
 
 

MelanieGiles

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Post by MelanieGiles » Mon Oct 01, 2007 7:59 pm
Hi Northern Monkey

It is wrong to say that you have been mis-sold an IVA - the fact is that your circumstances changed, you and your IP tried to provide for the new costs and benefits, and the numbers have not turned out right. It is very difficult to project what family and child tax credit you will get, as the calculation lies with HMRC, and I am sure that when you signed the proposal both you and your IP felt that the offer was a good one and would be achievable.

Things have not turned out to order, and you now feel that selling your property and moving on seems to be a good idea. I concur with this, as you hnow have higher priorities than just bricks and mortar, and suggest that you get the property valued and seek your creditors' permission to sell, given that the equity was included within the arrangement. It seems to be the best deal for everyone, and you may even be able to negotiate some relocation costs to assist with your eventual move.

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

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Regards, Melanie Giles, Insolvency Practitioner
 
 

northernmonkey

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Post by northernmonkey » Mon Oct 01, 2007 8:44 pm
Hi Melanie,

Thanks for your reply, I was hoping I'd get a response from you as the other advice you have given people has been sound advice.

Do you think that if i were to write to my IP with a income and expenditure form that they would allow me to sell and release equity to pay creditors with? It does say in my agreement that I can not offer a full settlement amount for a period of 2 years, but i can not continue to pay and borrow (from family etc) to pay at the IVA at rate I am for another year, is it worth my while asking for a review of my IVA in the hope of reduced payments, or is it once the IVA has been agreed, that's it, pay or fail?

What the worse that can happen, i lose my house anyway right?

So I'm in a lose lose situation?!

I wish you had of arraged my IVA! :)
 
 

jpj

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Post by jpj » Mon Oct 01, 2007 8:55 pm
I think you need to post how much equity you have in your home, how much your IVA was for,and how much p in the £ it states as a minimum.
You might be able to get a secured loan against your equity,offer a full and final settlement and stay in your home.
I have just looked into it and a loan over 5 years is working out at just a tad over half my current IVA monthly payments !
 
 

northernmonkey

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Post by northernmonkey » Mon Oct 01, 2007 9:16 pm
Surely a loan company won't touch us?

We have around 20k equity in the house, that's we owe 130k on it, and the value is around 150k, the Iva states that the estimated pence per pound is 32p, with at least 5p per pound being distibuted to creditors?

i think i got that right anyway, although the IVA does say that we cannot offer a full and final settlement figure until the end of year 2.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Oct 01, 2007 9:29 pm
Hi there

It may be possible to obtain a secured loan and, whilst I would not usually recommend this sort of lending, it may help you to retain your property if that is important to you.

In the event that you were to sell your property, there would probably be equity remaining of approximately £10,000 after costs of sale and a relocation allowance. Without knowing more detailed information about your circumstances it is difficult to advise, but worth a call to your IP to advise that you are struggling and seeing if they would be prepared to support your offer of variation.

Failing that in a bankruptcy, I do not believe that your creditors would be paid anything.

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
 
 

jpj

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Post by jpj » Tue Oct 02, 2007 7:19 am
Pretty sure there isnt enough equity for a secured loan anyway! [:(]
 
 

mikebdomain

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Post by mikebdomain » Tue Oct 02, 2007 8:13 am
Well done, for staying up to date with the IVA and mortgage payments even though they are a struggle.

You could probably obtain a secured loan to 90% (with a few prerequisites) however the cost of doing so will outweigh the benefits, by a long shot.

If you are currently on a repayment mortgage, consider changing to interest only for a short while.


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