Is an IVA company duty bound to put a settlement offer forward to creditors without conditions ?

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

sadie

User avatar
Posts: 35
Joined: Thu Apr 12, 2012 11:06 pm
Location:

Post by sadie » Sun Dec 02, 2012 2:45 pm
If a relative offers a full and final settlement for my IVA can my IVA refuse to put if forward without a full income and expenditure from me

I need to know if the IVA company are duty bound to put an offer forward to the creditors without conditions
 
 

Niobe

User avatar
Posts: 5169
Joined: Tue Jul 03, 2012 9:56 am
Location:

Post by Niobe » Sun Dec 02, 2012 2:47 pm
Hi,

As far as I an aware your IP company should put your offer forward to the creditors for a full and final.
 
 

MelanieGiles

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

Post by MelanieGiles » Sun Dec 02, 2012 3:11 pm
I would not put it forward without receiving details of your current income and expenditure Sadie. Is there some reason why you don't want to provide this information?
Regards, Melanie Giles, Insolvency Practitioner
 
 

sadie

User avatar
Posts: 35
Joined: Thu Apr 12, 2012 11:06 pm
Location:

Post by sadie » Sun Dec 02, 2012 4:08 pm
No there is no reason for not providing the information. W
 
 

sadie

User avatar
Posts: 35
Joined: Thu Apr 12, 2012 11:06 pm
Location:

Post by sadie » Sun Dec 02, 2012 4:20 pm
No there is no reason for not providing the information. However can an IVA company refuse to put forward an offer without more details? A family member has already written a letter to offer a full and final settlement for the IVA.

I need to know if an IVA company has a duty to send the offer to the creditors and not what they would like to do in ways of more information before they send the information. My inderstanding is that any offer I make should be passed the creditors for there consideration. Appreciate knowing who the IVA companies are registered under so I can make further equires and
 
 

sadie

User avatar
Posts: 35
Joined: Thu Apr 12, 2012 11:06 pm
Location:

Post by sadie » Sun Dec 02, 2012 4:35 pm
I need to know if the IVA company has to put the offer forward without conditions and not what the IVA company would like to do.
 
 

Niobe

User avatar
Posts: 5169
Joined: Tue Jul 03, 2012 9:56 am
Location:

Post by Niobe » Sun Dec 02, 2012 5:07 pm
I believe they have to put an offer forward and I know that they will need to know that the offer is only available for a full and final.

As Mel has said, you may need to provide a new I&E
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Sun Dec 02, 2012 5:11 pm
Hi Sadie, it is my understanding that they should put an offer forward. However, much depends upon their recommendation and how they put the offer forward. If they just go to the creditors with, "My client has offered £X in full and final, take it or leave it" the offer probably won't be well received. However, if they can say something along the lines of, "My client has offered £X in full and final. I have reviewed the income and expenditure and consider that this is the best offer available", they might be more inclined to listen.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

MelanieGiles

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

Post by MelanieGiles » Sun Dec 02, 2012 9:44 pm
Your IP, and therefore your creditors, will not be able to assess the merits of your offer without knowing details of your current income and expenditrue - and for me this would be an absolute pre-requisite in putting the offer forward. As you say there is no problem in providing the information, then I would do so as soon as you can to assist your IP.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Goosed

User avatar
Posts: 953
Joined: Tue Jan 19, 2010 8:40 am
Location:

Post by Goosed » Mon Dec 03, 2012 4:27 pm
Hi sadie,

Normally a full and final is offered when circumstances change affecting the ability to maintain IVA payments.
Your IP will need to see your reasons and financial situation resulting from them for offering a full & final and then work out whether this is viable, as your IP has a responsibilty to your creditors and in realising as much of the agreed dividend as possible.
"When the seagulls follow the trawler, it is because they think sardines will be thrown into the sea".

Eric Cantona
10 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”