I asked if I could keep money returned from error 9 years ago by mortgage company.

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Jamesd0246

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Post by Jamesd0246 » Sun May 29, 2016 2:45 pm
Hello, Just wondering if someone can help. I am currently in the 1st year of my IVA. This week I received a cheque for over £1000 which is for an error my old mortgage company made by not refunding a early repayment charge around 9 years ago. The sum is made up of the early repayment charge (half) and the interest at 8% (half).

I contacted my IP to advise them of this. I asked if I could keep the majority of this and a gesture into the IVA. I have a HP Car Agreement which ends in 18 month and wanted to use this to pay off some of the balloon payment, then refinance the remainder with the view of reducing the monthly payments with any difference in monthly payments going into the IVA. If I re-finance the car (same company) without paying the money \i have received, no doubt the monthly payments will be same or more - so the creditor would lose out here. In the proposal set out I thought both parties would be benefiting.

The IP has responded and said that I need to hand the whole amount over to them. Is there anything I can do?

Many thanks.
 
 

kallis3

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Post by kallis3 » Sun May 29, 2016 6:12 pm
Hi and welcome,

Unfortunately this will be classed as an asset and, as such, will be handed over to your IVA company to go to all creditors.
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luluj

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Post by luluj » Mon May 30, 2016 3:05 am
The £1000 will need to go into the iva pot unfortunately providing a higher return to creditors.
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Adam Davies

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Post by Adam Davies » Mon May 30, 2016 5:45 pm
Hi

As others have already stated this money will have to be paid into your IVA

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Andam Davies
 
 

plasticdaft

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Post by plasticdaft » Tue May 31, 2016 9:02 am
Have you discussed the car balloon payment with your ip at all? Do you know for sure you can refinance what's left?

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Lisa Thomas

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Post by Lisa Thomas » Tue May 31, 2016 10:28 am
No - in line with the terms of your IVA this is an assets of your IVA estate and must be paid over, sorry!
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Foggy

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Post by Foggy » Fri Jun 03, 2016 8:01 pm
As said above the payment will have to be paid to the IVA estate.
As logical as your argument appears regarding future payments being improved if you could use the money towards a balloon payment, you will be asking creditors and IP to gamble on nothing else changing in the meantime to scupper that plan !
Last edited by Foggy on Fri Jun 03, 2016 8:01 pm, edited 1 time in total.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
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