How does a 3rd party settlement on IVA work?

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Sharon2018

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Post by Sharon2018 » Sat Jul 05, 2014 12:45 am
How does a 3rd party settlement on iva work? My in laws dont know about our IVA with Payplan and keep offering to help us to buy a bigger house, obviously that isn't an option whilst in an iva, if we were to tell them about the iva, they might be able to help us with this instead, but how much would they need to pay, is it the amount of our remaining iva payments or the original outstanding debt?!
 
 

wiggle1

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Post by wiggle1 » Sat Jul 05, 2014 1:46 am
I believe that it's your monthly payment x the number of payments you have left. But hopefully someone more knowledgeable than me will be along soon.
Life after IVA is wonderful.
 
 

mab

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Post by mab » Sat Jul 05, 2014 4:16 pm
We have just had a full and final accepted by the same company and we offered remaining payments and it was accepted with no modifications. The only advise I would give is it took 4 months to go through so in theory we paid 4 more payments than anticipated in the f and f I would have got the relative to offer less if I had known as our payments were 800 a month much was a large amount extra Good luck whatever your decision is. I must say I couldn't have done it without the expert advice and support of this forum. X
 
 

SFA

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Post by SFA » Sat Jul 05, 2014 5:40 pm
Hope you don't mind me asking.
Are they going to reduce the total paid by those 4 months payment ?
Thank you
SFA
 
 

Michael Peoples

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Post by Michael Peoples » Sat Jul 05, 2014 6:24 pm
This seems harsh as if the variation had have been called straightaway you would be £3200 better off. Seems that creditors have benefited and your IP firm got a bigger fee as a direct result of the delay!
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
 
 

Foggy

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Post by Foggy » Sat Jul 05, 2014 6:37 pm
I would couch the variation in terms that allow for the offer to be reduced by any amount paid over between making the offer and acceptance. Either that or agree a payment break between offer and variation meeting(if the offer is refused the "saved" payments can then be handed over to catch up).
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Sharon2018

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Post by Sharon2018 » Sat Jul 05, 2014 9:19 pm
Mab,

Did you have an equity clause with a possible extension? Did you consider equity with the offer?
 
 

mab

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Post by mab » Sun Jul 06, 2014 10:32 pm
Hi no they refused to take a reduced payment so paid the full offer plus 3200 monthly payments. Gutted but it is overwith. Wish I had negotiated minus payments to date but was just so desperate. We did have a equity clause and that was a struggle. Our ip 85 percent rule appeared to be different to everyone else's working out so we had to struggle to get lower valuations. Another nightmare we worked out only had 2k each in property and ip said over 5k each. Glad it is over x
 
 

Michael Peoples

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Post by Michael Peoples » Mon Jul 07, 2014 10:14 am
Sounds like a nightmare and pity you have a nasty taste in your mouth. Not all IP firms work like yours did but your experience will put people off from IVAs which is a shame.
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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