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Posted: Sat Dec 22, 2012 1:53 am
by Sallyd288
I have just completed my Iva in may in the meantime while waiting for my certificate I have come into some inheritance will I have to put all of it into my Iva even if it is more then my debt
Posted: Sat Dec 22, 2012 2:28 am
by wickerwish
You will only have to pay 100% of your debt plus fees so if it is more than this then you keep whats left.
Posted: Sat Dec 22, 2012 6:17 am
by luluj
You will need to inform your IP.....some IPs I believe take the view that once all payments are received then that is it and will not invoke the windfall clause while waiting for certificate.
Whilst others maintain the conditions of your IVA.
The most you would pay is 100% of the original debt plus fees.
Posted: Sat Dec 22, 2012 6:40 am
by KAYKAY
So sorry to hear of your less. It really does depend on which company you are with, as to whether the IVA is complete on your part, even though you don't have your certificate. Which company are you with? Good luck, hope you get to keep the most part if not all of your inheritance. This is a subject that has created quite some debate on the forum. I would be interested in the outcome, please let us know how you get on. Let's hope your IP is feeling the Christmas Spirit and not of the Bah humbug variety.
Posted: Sat Dec 22, 2012 12:44 pm
by orange
if it finished may i be tempted not to say owt! terms of iva or not after all surly you should have recieved cert by now ,good luck
Posted: Sat Dec 22, 2012 1:09 pm
by Niobe
You will need to inform your IP - it's dishonest not to and if they find out then it could lead to the IVA failing even at this late stage.
Posted: Sat Dec 22, 2012 1:36 pm
by TheArtist
I dont think the IVA would fail - You've made all of your payments in the arrangement and your creditors have obviously accepted the dividend put to them. To all intents and purposes the arrangement has been fulfilled in accordance with the IVA criteria. It is, again, clearly down to the ineptitude of your IP, that is putting you on pause.
Posted: Sat Dec 22, 2012 1:40 pm
by orange
sorry to upset but dont wanna argue ,but if youve made all payments ! then id say its yours xx
Posted: Sat Dec 22, 2012 1:43 pm
by TheArtist
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by orange
sorry to upset but dont wanna argue ,but if youve made all payments ! then id say its yours xx
Agreed
Posted: Sat Dec 22, 2012 2:06 pm
by Radish
I agree with Orange, you stuck to the plan and paid it in full. Stay quiet on the inheritance and worse comes to the worse just say you did not realise about the windfall clause. They cant fail it if you plead you did not know..Chances are they wont find out..Good luck (just dont spend it just in case lol)
Posted: Sat Dec 22, 2012 2:16 pm
by Leese
I wouldn't say anything, I'd put it in a savings account and wait for the certificate. 7 months is far too long to have been waiting anyway.
Posted: Sat Dec 22, 2012 3:02 pm
by Adam Davies
Hi
If your IVA has not concluded then you must inform your IP of the inheritance i'm afraid. I am not sure how they will deal with it but hopefully the fact that you have made all your required payments will mean that they do not request any of the windfall
Regards
Posted: Sat Dec 22, 2012 4:31 pm
by Niobe
The other thing is that if solicitors are involved they will search to find out about IVA/BR and will inform either the company involved or the OR.
Posted: Sat Dec 22, 2012 4:33 pm
by Foggy
Unless GT's stance has changed in the last week ( which might happen) they will, I am afraid, enforce the windfall clause.
Posted: Sat Dec 22, 2012 5:12 pm
by TheArtist
Foggy, it may not be GT