Posted: Fri Nov 19, 2010 2:00 pm
The story so far:-
My pre-protocol IVA was started 03/2006, Debts were £64K, proposed dividend was 58p but increased by modification at creditors meeting to 68p along with the equity release in year 4 clause. Situation now is I am 56 months in, I have no realisable equity – LTV is 97%. As requested I have tried to re-mortgage and as expected have failed, evidence of this has been provided.
At this stage it is projected that dividend achieved at month 60 will be 79p, charges are in the region of £9K. My IP has called a variation meeting proposing that IVA is concluded at month 60, I have agreed to the proposal being put forward and am eagerly waiting for the creditors meeting.
As part of my preparations I have to consider that the variation may be rejected by creditors and have started to research the alternatives. My IP’s administrator has indicated that should the variation be rejected then an extension would be proposed in order to increase the dividend. I am not trying to dodge my responsibilities but wish to balance my debt repayment with getting on with the rest of my life. I have read the IVA proposal and modifications, there is no mention of extending the agreement if I have no equity to release. If I had equity but was unable to re-mortgage it is clear to me that I would have to make arrangements to pay more into my IVA.
So, all this is hypothetical but extremely important to me, if my term is extended obviously I would take this up with my IP even though it's not really the IP's fault, if this fails where do I go?
My pre-protocol IVA was started 03/2006, Debts were £64K, proposed dividend was 58p but increased by modification at creditors meeting to 68p along with the equity release in year 4 clause. Situation now is I am 56 months in, I have no realisable equity – LTV is 97%. As requested I have tried to re-mortgage and as expected have failed, evidence of this has been provided.
At this stage it is projected that dividend achieved at month 60 will be 79p, charges are in the region of £9K. My IP has called a variation meeting proposing that IVA is concluded at month 60, I have agreed to the proposal being put forward and am eagerly waiting for the creditors meeting.
As part of my preparations I have to consider that the variation may be rejected by creditors and have started to research the alternatives. My IP’s administrator has indicated that should the variation be rejected then an extension would be proposed in order to increase the dividend. I am not trying to dodge my responsibilities but wish to balance my debt repayment with getting on with the rest of my life. I have read the IVA proposal and modifications, there is no mention of extending the agreement if I have no equity to release. If I had equity but was unable to re-mortgage it is clear to me that I would have to make arrangements to pay more into my IVA.
So, all this is hypothetical but extremely important to me, if my term is extended obviously I would take this up with my IP even though it's not really the IP's fault, if this fails where do I go?