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ben.kk

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Post by ben.kk » Tue Dec 29, 2009 1:44 pm
Hi,

At the end of an IVA, if the valuation shows there is some equity, but it cannot be released (i.e. unable to secure the new mortgage based on credit history / lending ratio etc), would I be forced to sell the property?

I am about to commence the process to enter into an IVA and this is the only thing I can't quite get clarity on, so would really appreciate info on this area.

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rayb

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Post by rayb » Tue Dec 29, 2009 1:54 pm
Hi,

Normally what would happen is if you cannot release the equity in the property then a meeting will be convened with the Creditors and normally you would just make another 12 payments so your IVA would finish in Year 6 as opposed to 5.

This will all be gone through with you when you commence your IVA proceedings with your chosen company.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Dec 29, 2009 3:17 pm
Firms using the IVA protocol ought to be able to give you absolute clarity on this point. You will definately not be required to sell your property, but you will be asked to make an additional 12 months payments - or a lesser amount if the equity sum could be addressed earlier.

I am suprised that no-one you have yet spoken to has been able to confirm this for you!
Regards, Melanie Giles, Insolvency Practitioner
 
 

ben.kk

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Post by ben.kk » Tue Dec 29, 2009 9:32 pm
Thanks All.... one last question - I have never defaulted on any of my loan / credit card payments, am juggling them until the IVA is put together. I am wondering, will this actually work against me in getting my creditors to accept the IVA as they have not seen any previous payment problems?
 
 

Shining

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Post by Shining » Tue Dec 29, 2009 9:58 pm
Hi ben.kk, until I was told to stop paying creditors I had never missed a payment or incurred any late charges although I knew my credit sources were coming to an end, I never received bank charges and was always up to the limit of my overdraft although I never exceeded it.

My IVA was accepted with a 100% acceptance for my husband and only one creditor voting against me, so I don't think it will go against you to be up to date with your creditors. On paper I had no payment problems but knew that in the next couple of months I was really going to come to an end of my credit.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Dec 29, 2009 11:02 pm
Creditors are unlikely to take much notice of your recent payment profile, as your IP is bound to demonstrate that you have only managed to keep up with the payments by availing of additional sources of credit to do so.
Regards, Melanie Giles, Insolvency Practitioner
 
 

pinkreadingcat

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Post by pinkreadingcat » Wed Dec 30, 2009 12:20 pm
Thank you for that information, I have been wondering the same. We have gotten into the situation where all credit is paid up but rent/council tax/gas and electricity and tax is all behind. [:I]

Becky
 
 

kallis3

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Post by kallis3 » Wed Dec 30, 2009 12:35 pm
Hello pinkreadingcat and welcome to the forum.

Personally speaking I would make sure your priority debts are paid up to date, particularly your rent.

Have you taken professional advice about your situation? If not, I recommend that you do. Visit wwww.iva.com and phone one or two of the companies on there. You will receive free and impartial advice as to all of the options open to you and the best way forward for your circumstances.
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pinkreadingcat

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Post by pinkreadingcat » Wed Dec 30, 2009 12:54 pm
Thank you. I am hoping to do so soon. Unfortunately most of the debt is in my husbands name and I'm struggling to get his head out of the sand before our whole family goes under. [:(]

He has a real problem with money, which is ironic as his dad was an IP (retired now) - this is also the problem. He really doesn't want to disappoint his parents and they are very judgemental so wouldn't be supportive.

Becky
 
 

MelanieGiles

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Post by MelanieGiles » Wed Dec 30, 2009 8:48 pm
There is no need for his Dad to know about your hubby's financial difficulties if he does not want to share this with him. An IVA is a private contract between debtor and creditors, and if he doesn't do something soon the situation could get a lot worse.

There is no harm in him seeking advice - it doesn't cost anything and there is no commitment required. What are his plans for addressing the current difficulties?

If your hubby is really anti- any form of formal insolvency solution, he could also look at a DMP. It might take longer to eventually repay the debts under this process, but there would be little chance of his Dad finding out about this sort of arrangement - and as you say his parents are supportive and would probably be proud to know that their son was doing something to deal with the problem.

I would have no problem if any of my kids experienced financial difficulties - at some stage all three of them have, and their Dad and I have been more than happy to help out where we could.
Regards, Melanie Giles, Insolvency Practitioner
 
 

pinkreadingcat

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Post by pinkreadingcat » Thu Dec 31, 2009 10:40 am
Thanks for your advice Melanie. My husband's only solution is for us to work more. We would need to double our income just to pay off the minimum balances and not increase our debt, let alone actually pay anything off.

He is in cloud cuckoo land and I don't see how I can secure my family's future and home while he is refusing to face facts.

[:(!]

Becky
 
 

MelanieGiles

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Post by MelanieGiles » Thu Dec 31, 2009 10:52 am
Do try and get him to at least have a chat with someone about his financial situation. I see so many relationships affected as a result of unaffordable debt, and it really is not worth it in the long run.

In the meantime, there is no harm in you gathering up the details of your husband's debts, your family income and expenditure and just seeking some basic advice. Clearly an IP cannot act formally without your husband's own instructions, but it could give you more leverage to work on him with if you have an independent opinion.

Hope it all works out for you - and what business is your husband in as a matter of interest?
Regards, Melanie Giles, Insolvency Practitioner
 
 

pinkreadingcat

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Post by pinkreadingcat » Thu Dec 31, 2009 11:27 am
He is a sole trader plumber. Although we read about them being on 70k a year, he really isn't and has never got anywhere near that! He earns around £19-23k per year.

I hope he sees sense soon too. Otherwise the consequences are pretty dire.

Becky
 
 

size5

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Post by size5 » Thu Dec 31, 2009 11:29 am
This is such a tricky issue, and one that is not easily resolved. The unfortunate thing is that prevaricating will inevitably lead to more debt.

This may sound daft to you, but I find that a good exercise to put before those that do not want to see is get the monopoly money out, and I have actually done it many occasions with my own clients by the way. Deal yourself your total household income as it stands. List all your essential outgoings and take those away from your pile one by one. Include all outgoings that you need to live reasonably, but not debt repayments at this stage. Get him to see what cannot be done without and which must therefore be paid for. There, hopefully, should be a surplus at the end of this exercise, which is your disposable income. You cannot argue with what the eye can see in this case. You should then deal out the minimum payments on your debts into another pile and point out in no uncertain terms the difference in the two piles. If you wish, you can then put another, say, £500 on top of the DI pile and see what difference it makes. £500 is possibly more than the extra you may be able to bring in by working your fingers to the bone as you say, but if it is still less than you need, which by the sounds of things it probably is, you need to point out that the only way these commitments can be met is by reducing the bills at home (which can't be done as he has already agreed that that money needs to be spent) or by borrowing more constantly to make the payments. Point out also, if he is worried about credit rating, that a good credit rating is actually only a tool to allow you to borrow more. I know this a very simplistic exercise, but believe me it is very, very effective if you choose to try it.

Obviously, as Mel points out, a chat with a professional to look at a proper budget is preferable, but anything that may help him to see the light is useful.

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MelanieGiles

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Post by MelanieGiles » Thu Dec 31, 2009 11:36 am
Good practical poinst there raised by Size 5.

The key thing to consider as well is that if your husband is only a sole-trader, there is only one of him and he can only work a certain amount of hours each day/week. Therefore to double his turnover is likely to be completely unrealistic, and you do need to try and get him to sit down and work out some sensible trading projections to demonstrate to you, at least, how he feels the additional money required will be found.

You cannot continue to support your household budget and debt repayments from ongoing borrowings, and do try and make sure he is up to date with his payments to HMRC as well - as often it is this money which is used to fund cash shortfalls leading to greater difficulties later on when the money is not there to pay over to the government authority. Is he in a position to pay the tax which will be due at the end of January 2010?
Regards, Melanie Giles, Insolvency Practitioner
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