Yet again it’s DFD in the firing line - they seem to be pioneering this practice. Anyone aware of other IVA companies doing this?
This in an interesting example. Yes, the OP has significant property equity, and there is no question, the proposed secured loan is ‘affordable’, but the amount of interest being charged is extortionate!!!
In the right circumstances, I have no issue with the secured loan option, (eg: where an IVA customer would otherwise have to accept a sub-prime remortgage offer, as per the terms of their IVA. (Which as has been correctly alluded to, may well work out considerably more expensive than the secured loan in the long-term). In these circumstances, I would commend the IP for doing a good job.
But, the customer has not been offered a remortgage. So they should expect their IVA company to honour THEIR contract (they drafted it, the customer merely agreed the terms - as did the creditors). An IVA is a legally binding contract - on all sides. Hence, no IVA customer should be compelled to take out a 'secured loan', when the IVA contract only (presumably) has provision for equity release specifically via ‘remortgage’, or (failing to be offered a remortgage), a 12-Month extension to the IVA.
Hence why, we have now heard of one or two customers, armed with the relevant contract law knowledge, being able to successfully resist the secured loan rip-off.
My advice to the OP: I totally understand the desire to reduce your outgoings (quite considerably in your instance). This should, with reasonable negotiation, give you luxury of choice:
1. Accept the loan as proposed, paying thousands in interest (IMO that sucks); or
2. Require DFD to adhere to the terms of their IVA contract with you, and say no to the secured loan. Contractually, they cannot compel you to take it, because a secured loan is not a remortgage. Insist on the 12 Month extension instead, if you can bear the outlay; or
3. Negotiate higher loan repayments to reduce the amount of interest.
Sincerely wish you all the best in getting a sensible resolution to all this.
My opinions are just that: Based on my experience and being a self-employed IVA customer.