Please advise what our best options are. IVA company threatening bankruptcy

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Desperado 77

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Post by Desperado 77 » Thu Jun 12, 2014 10:17 pm
Hello,
Wonder if you can help please? My Husbands iva is due to finish in July after five full years of paying consistently every month. We have tried to remortgage but cannot. Our IP suggested various high interest secured loans over 15 years but we refused as that is not mentioned in his original T & C's. We thought it would be straightforward enough in that he would just have to pay another 12 months into the IVA as stated in the original paperwork, however we have just been advised that they are going to terminate his IVA and make him bankrupt due to there being equity in our joint owned property. The equity they want is over £17k . If I thought this was going to happen we would have just went bankrupt 5 years ago but tried to pay back and keep a roof over our childrens heads. Please advise what our best options are. Thanks
 
 

MelanieGiles

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Post by MelanieGiles » Thu Jun 12, 2014 10:18 pm
They don't have a leg to stand on if his IVA does not provide for secured loans, and I am appalled that they would even be suggesting this without good grounds.

Which firm are you with?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Desperado 77

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Post by Desperado 77 » Thu Jun 12, 2014 11:38 pm
Hello its debt lifeboat
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jun 13, 2014 12:12 am
This is the second post I have read about this firm tonight, and secured loans.

Go back to them, demand to speak with the IP personally, and ask him where he is getting the basis for making such demands of you.
Regards, Melanie Giles, Insolvency Practitioner
 
 

luluj

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Post by luluj » Fri Jun 13, 2014 5:46 am
I would ask them to point out the clause in your proposal docs and chairman reports where it states secured loan .... as Mel says they are on a sticky wicket ..don't give up without a fight !!!
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Michael Peoples

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Post by Michael Peoples » Fri Jun 13, 2014 2:03 pm
As I said on the other post make sure that you do not have anything in the proposal or modifications requiring a minimum dividend. The extension may not be automatic and a variation may be requirede.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Desperado 77

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Post by Desperado 77 » Fri Jun 13, 2014 10:17 pm
What does a variation usually entail?
 
 

Michael Peoples

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Post by Michael Peoples » Sat Jun 14, 2014 12:57 am
It is another meeting of creditors to vary the terms of the original IVA. Your IP will have to call one if the terms do not allow for an automatic extension.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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