Why do IVA's ask for equity release in year 4 ?

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kallis3

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Post by kallis3 » Fri Sep 04, 2015 2:10 pm
I think they are behaving appallingly! They should put forward the offer and it is up to the creditors whether or not they accept.

I can't help you with the letter but I am sure somebody can.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
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GL

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Post by GL » Fri Sep 04, 2015 4:21 pm
Okay complaint made to regulator. Although not sure what this is going to achieve. Reading what they can do seems pretty limited to me and guess this is why the IP is behaving this way. He probably knows they can't do much. Only option is through the courts at my cost, which obliviously I can't afford and he knows that as well! Hey Ho what a fair society we live in!

Taken from CAB website below:
The authorising body will investigate your complaint if it is about unprofessional, improper or unethical actions by your IP.

They can’t:

reverse or alter a decision of an insolvency practitioner
intervene directly in your IVA.
If you are unhappy about any of these matters, you should get independent legal advice as only a court has the power to look into them. This may be expensive.
 
 

Foggy

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Post by Foggy » Fri Sep 04, 2015 6:53 pm
True, there is very little they can do --- usually a smack on the wrist, often a fine ( sometimes hefty and from the IP's own pocket), but it makes the IP think twice in the future.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

GL

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Post by GL » Fri Sep 04, 2015 7:19 pm
Spoke to CAB, just advised me to be careful. They advised the IP holds most of the cards. But if I feel so strongly he is being unfair, then to complain to regulator. If I want to insist on the creditors meeting. CAB women seemed to side with the IP in why accept anything lower than the 12 mth extension amount.
 
 

lifenoteasy

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Post by lifenoteasy » Fri Sep 04, 2015 7:26 pm
Nothing stopping you being litigant in person if going to court.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

abbiesmum2003

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Post by abbiesmum2003 » Fri Sep 04, 2015 9:08 pm
Omg! I cant believe the appalling language, tone and content in those emails from a so called professional! I would be livid if I had such a disgusting response! Theyre right to be worried about their image and professionalism with an IP writing letters like that to clients. Sorry theyre being so obstructive and difficult.
 
 

thisusernameistaken

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Post by thisusernameistaken » Sun Sep 06, 2015 10:04 am
Reading this thread I'm also gobsmacked. It's not for the IP to decide the outcome and the offer MUST be put to the creditors for them to decide.

An earlier comment about 'knowing what you know now about IVAs' I'm the same; I would probably have gone the bankruptcy route and had this all done and dusted a couple of years back. The stigma of an IVA seems greater nowadays and more akin to a bankruptcy so part of me wishes I'd taken the easier route out of this.

GL I really hope you get your way and the IP is made to comply.
 
 

Foggy

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Post by Foggy » Sun Sep 06, 2015 10:46 am
I agree, thisusernameistaken. I,too, would chose the BR route if I were back in the same position. I chose the IVA out of a misplaced wish to pay back as much as possible -- which, to be honest, I would still opt for if I knew that everybody was going to play fair. But, I know that this is not likely to be the case anymore, with an ever increasing number of firms.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

lifenoteasy

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Post by lifenoteasy » Sun Sep 06, 2015 11:00 am
GL - you r complaint is still:

1. Whether the reputation of Debt Lifeboat would be damaged by putting forward my offer because it may represent a lack of vigilance on your part

2. Whether the actual offer is sufficient or whether it could perhaps be increased

3. Whether it is worth your while putting forward the offer because it will cost you money

With 3 especially it comes down to they want you to increase your offer so their costs can be covered.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Shining

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Post by Shining » Sun Sep 06, 2015 12:17 pm
Totally agree with foggy and if I had my time again I'd have gone bankrupt
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Shining

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Post by Shining » Sun Sep 06, 2015 12:18 pm
I'm just glad you've got all this in writing, this really doesn't show the IVA route in a good light to those looking in.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

kallis3

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Post by kallis3 » Sun Sep 06, 2015 12:19 pm
I had way too much equity in the house to even consider BR, plus the job I did would not have been happy with it.

I do agree that these days the goalposts are always moving and I think I'd have stuck with a DMP.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

GL

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Post by GL » Sun Sep 06, 2015 9:32 pm
I'm just in utter shock. I really thought the offer 4400 was fair and the creditors would at least be able to consider it and may have accepted it. I was also a bit surprised with the CAB advisor suggesting or seemed to agree why the IP would not accept the offer as unlikley the creditors would. When they can just wait and get the £5112 after another 18 mths, why accept a lower amount. Also said creditors would likely follow the IP's recommendation. She seem to side step what the T&C's said and told me to be carefull, IP holds all the cards and very powerful.
 
 

Foggy

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Post by Foggy » Sun Sep 06, 2015 10:14 pm
I would imagine, with another IP, the offer would have been put forward and I would have had high hopes of it being accepted. I cannot understand the attitude your IP has and can only put it down to an avaricious scrabbling for their meagre commission.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kallis3

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Post by kallis3 » Mon Sep 07, 2015 8:47 am
I think GL has been treated appallingly and I would certainly take this further.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
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