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AlmostThere30

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Post by AlmostThere30 » Sat Mar 08, 2014 1:55 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy

Hi Karen. We have just had a post regarding the IP calculating equity for the deminimis amount, where the IP insisted on using 100% LTV for deminimis. However, once the relevant protocol was pointed out to him, he agreed to use 85%.

We are with Harrington Brooks & seem to get different advice now we are nearing the end. I'm so confused with it all & don't know what I need to be saying to get the right result. Obviously if I'm due to pay another year I'll accept that, but don't want to be taken for a mug because I don't understand the terminology if that makes sense?
Karen.
 
 

Desperate Bob

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Post by Desperate Bob » Sat Mar 08, 2014 3:48 pm
Its very straight forward,

Get a valuation

If said valuation puts you in negative equity then the IVA will conclude and there will be no extension.

If said valuation says there is equity, but it is under £5000 of 85% LTV then your IVA will conclude after 5 years.

If said valuation says there is equity of £5000 or more of 85% LTV then you will have to try to re-mortgage, if you cannot re-mortgage you will extend the IVA by one year.

That seems what most IP's are working off, but as usual it is what is in your proposal.
 
 

AlmostThere30

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Post by AlmostThere30 » Sat Mar 08, 2014 4:29 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Desperate Bob

Its very straight forward,

Get a valuation

If said valuation puts you in negative equity then the IVA will conclude and there will be no extension.

If said valuation says there is equity, but it is under £5000 of 85% LTV then your IVA will conclude after 5 years.

If said valuation says there is equity of £5000 or more of 85% LTV then you will have to try to re-mortgage, if you cannot re-mortgage you will extend the IVA by one year.

That seems what most IP's are working off, but as usual it is what is in your proposal.
I called them last week and was told if we have equity of £5k or more then we would be extended. No mention of the ltv, which is why I'm now confused with how it works.
In our terms it says we have to look at a remortgage. It mentions 85% ltv, but then a separate clause states if we have less than £5k equity then it will be deemed deminimise & no extension will occur. Hence why I'm confused now.
 
 

AlmostThere30

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Post by AlmostThere30 » Mon Mar 10, 2014 12:47 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Desperate Bob

Its very straight forward,

Get a valuation

If said valuation puts you in negative equity then the IVA will conclude and there will be no extension.

If said valuation says there is equity, but it is under £5000 of 85% LTV then your IVA will conclude after 5 years.

If said valuation says there is equity of £5000 or more of 85% LTV then you will have to try to re-mortgage, if you cannot re-mortgage you will extend the IVA by one year.

That seems what most IP's are working off, but as usual it is what is in your proposal.
Hubby just called for advice & was told...
Called Hb & I was given this example: an outstanding mortgage of £160 000 and a value of £163000 gives an equity of £3000, there is no amendment. The same mortgage on a house worth £166000 would give a £6000 equity. This is below 15% so can't be released hence they ask for an amendment to the term as there is equity just not enough to remortgage.
I have asked for that in writing and said when would an equity of less then £5000 be over 15% but he didn't have an answer to that.

So that seems to suggest that if we have £5000 equity regardless of ltv we will be extended :-(
 
 

Latitudee6400

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Post by Latitudee6400 » Mon Mar 10, 2014 4:40 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by AlmostThere30
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Desperate Bob

Its very straight forward,

Get a valuation

If said valuation puts you in negative equity then the IVA will conclude and there will be no extension.

If said valuation says there is equity, but it is under £5000 of 85% LTV then your IVA will conclude after 5 years.

If said valuation says there is equity of £5000 or more of 85% LTV then you will have to try to re-mortgage, if you cannot re-mortgage you will extend the IVA by one year.

That seems what most IP's are working off, but as usual it is what is in your proposal.
Hubby just called for advice & was told...
Called Hb & I was given this example: an outstanding mortgage of £160 000 and a value of £163000 gives an equity of £3000, there is no amendment. The same mortgage on a house worth £166000 would give a £6000 equity. This is below 15% so can't be released hence they ask for an amendment to the term as there is equity just not enough to remortgage.
I have asked for that in writing and said when would an equity of less then £5000 be over 15% but he didn't have an answer to that.

So that seems to suggest that if we have £5000 equity regardless of ltv we will be extended :-(
Take a look at Harrington Brooks own website here, this seems to define it quite well:
http://www.harringtonbrooks.co.uk/iva/homeowners
 
 

AlmostThere30

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Post by AlmostThere30 » Mon Mar 10, 2014 4:46 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Latitudee6400
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by AlmostThere30
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Desperate Bob

Its very straight forward,

Get a valuation

If said valuation puts you in negative equity then the IVA will conclude and there will be no extension.

If said valuation says there is equity, but it is under £5000 of 85% LTV then your IVA will conclude after 5 years.

If said valuation says there is equity of £5000 or more of 85% LTV then you will have to try to re-mortgage, if you cannot re-mortgage you will extend the IVA by one year.

That seems what most IP's are working off, but as usual it is what is in your proposal.
Hubby just called for advice & was told...
Called Hb & I was given this example: an outstanding mortgage of £160 000 and a value of £163000 gives an equity of £3000, there is no amendment. The same mortgage on a house worth £166000 would give a £6000 equity. This is below 15% so can't be released hence they ask for an amendment to the term as there is equity just not enough to remortgage.
I have asked for that in writing and said when would an equity of less then £5000 be over 15% but he didn't have an answer to that.

So that seems to suggest that if we have £5000 equity regardless of ltv we will be extended :-(
Take a look at Harrington Brooks own website here, this seems to define it quite well:
http://www.harringtonbrooks.co.uk/iva/homeowners
Thanks Latitudee. That does suggest as I first thought that we would be extended regardless of LTV.
Most people have suggested it should be after the LTV, but this doesn't seem the case with HB. Will need to see what our valuation is on Wednesday. (We are borderline £5k equity)
Karen
 
 

MelanieGiles

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Post by MelanieGiles » Tue Mar 11, 2014 1:05 am
I believe that the advise you are being given is still incorrect Karen, and I really do suggest that you now insist on speaking directly to the IP.

If you do this, let us know the outcome of that conversation please.
Regards, Melanie Giles, Insolvency Practitioner
 
 

AlmostThere30

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Post by AlmostThere30 » Tue Mar 11, 2014 4:10 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

I believe that the advise you are being given is still incorrect Karen, and I really do suggest that you now insist on speaking directly to the IP.

If you do this, let us know the outcome of that conversation please.
I'm just not sure what else I can say to them Melanie. Twice now they've said the same & even their website suggests the same as we are being told??
 
 

darth_ivader

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Post by darth_ivader » Tue Mar 11, 2014 10:24 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by AlmostThere30
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

I believe that the advise you are being given is still incorrect Karen, and I really do suggest that you now insist on speaking directly to the IP.

If you do this, let us know the outcome of that conversation please.
I'm just not sure what else I can say to them Melanie. Twice now they've said the same & even their website suggests the same as we are being told??
Hi Karen,
Looking at example A on the Harrington Brooks own web site, it looks like they are taking into account 85% LTV on the equity!
 
 

AlmostThere30

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Post by AlmostThere30 » Tue Mar 11, 2014 10:32 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by darth_ivader
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by AlmostThere30
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

I believe that the advise you are being given is still incorrect Karen, and I really do suggest that you now insist on speaking directly to the IP.

If you do this, let us know the outcome of that conversation please.
I'm just not sure what else I can say to them Melanie. Twice now they've said the same & even their website suggests the same as we are being told??
Hi Karen,
Looking at example A on the Harrington Brooks own web site, it looks like they are taking into account 85% LTV on the equity!
Hi Darth,
They don't seem to have an example of someone that only has £5k equity!!! They have twice now advised if we have £5k or more we will be extended. They even gave my husband an example to show this :-(
Karen.
 
 

darth_ivader

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Post by darth_ivader » Tue Mar 11, 2014 12:24 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by AlmostThere30
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by darth_ivader
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by AlmostThere30
I'm just not sure what else I can say to them Melanie. Twice now they've said the same & even their website suggests the same as we are being told??
Hi Karen,
Looking at example A on the Harrington Brooks own web site, it looks like they are taking into account 85% LTV on the equity!
Hi Darth,
They don't seem to have an example of someone that only has £5k equity!!! They have twice now advised if we have £5k or more we will be extended. They even gave my husband an example to show this :-(
Karen.
Something else to think about...
Do you and your husband have an interlocking IVA (i.e. you both have agreements in your own names), if so, do you both have the same de minimis clause in both agreements? I've seen it mentioned in this forum that you could actually have 10k de minimis (5k each).

In any event, as Melanie states you really should speak directly with your actual Insolvency Practitioner (as named on your agreement) rather than a general case worker who in fairness may not be as knowledgeable.
 
 

AlmostThere30

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Post by AlmostThere30 » Tue Mar 11, 2014 12:29 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by darth_ivader
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by AlmostThere30
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by darth_ivader
Hi Karen,
Looking at example A on the Harrington Brooks own web site, it looks like they are taking into account 85% LTV on the equity!
Hi Darth,
They don't seem to have an example of someone that only has £5k equity!!! They have twice now advised if we have £5k or more we will be extended. They even gave my husband an example to show this :-(
Karen.
Something else to think about...
Do you and your husband have an interlocking IVA (i.e. you both have agreements in your own names), if so, do you both have the same de minimis clause in both agreements? I've seen it mentioned in this forum that you could actually have 10k de minimis (5k each).

In any event, as Melanie states you really should speak directly with your actual Insolvency Practitioner (as named on your agreement) rather than a general case worker who in fairness may not be as knowledgeable.
It seems to be in both names so only £5k. We can never get through to the ip. I've emailed several people that work there so am awaiting a response.
 
 

Jules79

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Post by Jules79 » Tue Mar 11, 2014 1:39 pm
Maybe wait until you have your valuation, it may come in lower than £5K so you will have actual figures to argue your point over. I'd be inclined to ask a couple of estate agents as they all vary one to another. When selling your house it is advised to get 3 separate valuations. I would be inclined to do the same in this instance.
I have also found that when speaking with my own firm and quoting advice from the forum they will be more thorough with an explanation. State what Melanie has advised and let them come up with the answers rather than trying to have the answers ready for them.
All the best
**23'04'14 - IVA Complete F&F Agreed with payments made to date oh and a fat PPI reclaim helped too. Completion Certificate received 23'10'14 ** After a couple of years of waking up and 'surviving' the day I now wake up and 'Live' for the day!!
**Any comments I make are purely my own opinions**
 
 

AlmostThere30

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Post by AlmostThere30 » Tue Mar 11, 2014 2:03 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Jules79

Maybe wait until you have your valuation, it may come in lower than £5K so you will have actual figures to argue your point over. I'd be inclined to ask a couple of estate agents as they all vary one to another. When selling your house it is advised to get 3 separate valuations. I would be inclined to do the same in this instance.
I have also found that when speaking with my own firm and quoting advice from the forum they will be more thorough with an explanation. State what Melanie has advised and let them come up with the answers rather than trying to have the answers ready for them.
All the best
Thanks Jules.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Mar 12, 2014 12:10 am
Why are you not able to speak directly with the IP? Who is telling you that this is not possible, and for what reason?
Regards, Melanie Giles, Insolvency Practitioner
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