Rejection of full and final reasons

Get expert opinion. This is the place for new questions to be posted.
17 posts Page 1 of 2
 
 

Preggaiva

User avatar
Posts: 47
Joined: Fri Jan 10, 2014 7:25 am
Location:

Post by Preggaiva » Sun Feb 02, 2014 1:44 pm
Hi all,

I wanted to know what are the main reasons creditors often use to reject full and final offers?

I have made an offer for £3000, as I pay a monthly payment of £230. I have 15 more payments to go. My offer is due the fact I am struggling at the moment to make payments and to prevent arrears and failure of IVA.
 
 

Foggy

User avatar
Posts: 33395
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sun Feb 02, 2014 4:00 pm
I am afraid they seldom give reasons, but generally it will be because they think they can recover more if the arrangement goes to term. They will also weigh up the chances of the IVA failing before this. Some weight is placed upon the IP's recommendation as well.

In your case, the offer is close to what they would be getting ( assuming there is no equity to be playing with)so I can't see them rejecting it.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Preggaiva

User avatar
Posts: 47
Joined: Fri Jan 10, 2014 7:25 am
Location:

Post by Preggaiva » Sun Feb 02, 2014 4:21 pm
Thanks foggy for your invaluable advice.

I know we can't predict the certainty of the creditors decision, but I feel better knowing someone can offer advice when needed.

I look forward to more replies.
 
 

Adam Davies

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

Post by Adam Davies » Sun Feb 02, 2014 4:42 pm
Hi

I think you have made a fair offer and if your circumstances have changed for the worse it will strengthen your offer

Good luck

Regards
Andam Davies
 
 

Preggaiva

User avatar
Posts: 47
Joined: Fri Jan 10, 2014 7:25 am
Location:

Post by Preggaiva » Sun Feb 02, 2014 6:57 pm
I did attempt to remortgage but was declined. So the next option was a 12 month continous of IVA payments. So this offer is technically in place of this.
 
 

Preggaiva

User avatar
Posts: 47
Joined: Fri Jan 10, 2014 7:25 am
Location:

Post by Preggaiva » Mon Feb 03, 2014 5:37 pm
I'm reading others' posts and sometimes I feel like the outcome will be good, but other times I feel sick to my stomach thinking of rejection and the implications this could have :(
 
 

Struzzo39

User avatar
Posts: 1820
Joined: Sun Jan 24, 2010 5:56 pm
Location: United Kingdom

Post by Struzzo39 » Mon Feb 03, 2014 6:31 pm
Good luck. Keep us posted.
Steven & Debbie
 
 

Preggaiva

User avatar
Posts: 47
Joined: Fri Jan 10, 2014 7:25 am
Location:

Post by Preggaiva » Tue Feb 04, 2014 6:12 pm
Thanks everyone!!

My IP has just given me a date for my meeting. I will keep you all updated, 28 days is going to feel like forever and I will officially become an insomniac :(
 
 

Preggaiva

User avatar
Posts: 47
Joined: Fri Jan 10, 2014 7:25 am
Location:

Post by Preggaiva » Tue Feb 04, 2014 6:20 pm
(I must sound a little annoying, but I was secretly hoping Melanie Giles would put in a reply)
 
 

kev59

User avatar
Posts: 775
Joined: Thu Sep 22, 2011 8:03 am
Location: United Kingdom

Post by kev59 » Tue Feb 04, 2014 7:30 pm
bet, mel will some time in the middle of the night.
good luck for your meeting
IVA now over with and it was worth it.
now starting my life again,
 
 

MelanieGiles

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

Post by MelanieGiles » Tue Feb 04, 2014 9:29 pm
In my experience, creditors always give reasons for their rejection - well they do when I ask them! - and if your IVA is governed by the IVA Protocol then they are obliged to.

It is a good offer Preggaiv, and one which is very worthy of acceptance given your circumstances.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Preggaiva

User avatar
Posts: 47
Joined: Fri Jan 10, 2014 7:25 am
Location:

Post by Preggaiva » Wed Feb 05, 2014 5:21 pm
Thank you Melanie, for some reason I feel more at ease when you answer one of my questions. I really appreciate your input and you always give an answer which is correct.
 
 

Preggaiva

User avatar
Posts: 47
Joined: Fri Jan 10, 2014 7:25 am
Location:

Post by Preggaiva » Wed Feb 05, 2014 5:24 pm
After reading my variation report, I have found that the contents is a summary of more factual information and nothing like the letter I sent in which was full of feeling and sentiment.

I was assuming maybe some of my letter maybe included in the report, but it only included the facts of my not being able to continue due the reasons I wrote.

Is this the norm?
 
 

MelanieGiles

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

Post by MelanieGiles » Wed Feb 05, 2014 6:32 pm
Always happy to help.

We generally use passages of script our clients provide to support their variation reports, for our own clients - especially if we feel that a client's direct appeal to their creditors would be helpful. Have you asked your IP why they did not include the material you had provided.
Last edited by MelanieGiles on Wed Feb 05, 2014 6:33 pm, edited 1 time in total.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Preggaiva

User avatar
Posts: 47
Joined: Fri Jan 10, 2014 7:25 am
Location:

Post by Preggaiva » Thu Feb 06, 2014 6:59 pm
Thanks Melanie.

I feel disheartened because my variation report has been sent to creditors and I have spoken to my supervisor in regards to the report not including any positive factors that I had included in my letter, like fulfilling all my obligations and also paying in more whenever I could with increased income.

Apart from stating the fact that there is no more disposable income it doesn't mention anything else about my situation.

It doesn't mention how sorry I am for putting myself in this situation, and the fact that I want the creditors to accept this full and final and pardon me.

It just seems like a 'cold' report. Unlike my heartfelt letter explaining my reasons.

:(
17 posts Page 1 of 2
Return to “Ask IVA Forum and Industry experts”