Wife IVA Accepted, Mine Rejected help!!!

Get expert opinion. This is the place for new questions to be posted.
19 posts Page 1 of 2
 
 

wiganwire

User avatar
Posts: 8
Joined: Mon Oct 26, 2009 10:55 am
Location:

Post by wiganwire » Fri Jan 29, 2010 12:16 pm
Hi

My wife and I have both put in for IVA's. Hers has been accepted but mine rejected.

My best option might be to go bankrupt if my creditors don't reconsider but I worry about losing my house. I have no equity in the house at the moment and can afford the mortgage payments reasonably comfortably.

I would still prefer to go into an IVA which although I would pay more back would avoid the concern over losing the house, and also out of a moral obligation to give the creditors what I feel was my best offer (53p in the pound).

Would we lose the house if my wife continued with an IVA and I went bankrupt?

Please help.
 
 

size5

User avatar
Industry Expert
Posts: 3104
Joined: Fri Nov 23, 2007 7:22 pm

Post by size5 » Fri Jan 29, 2010 12:31 pm
What has your provider said? Are they proposing an adjournment to go back to the creditors?

Regards.
Cert DR
23+ years in debt advice
I do not post for anyone other than myself

Follow my tweets at http://twitter.com/debtmastersize5
 
 

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Fri Jan 29, 2010 12:44 pm
I agree with Size5.

Did they say why yours had been rejected?

If you have no equity in your house, then if you did go bankrupt, it is unlikely that you would lose it as long as your mortgage payments are up to date.
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
 
 

wiganwire

User avatar
Posts: 8
Joined: Mon Oct 26, 2009 10:55 am
Location:

Post by wiganwire » Fri Jan 29, 2010 12:56 pm
Yes

They have accepted my wifes so that is safe and are now going back to twist their arm to see if it can go through.

My major creditor prefers me to enter a DMP but having done the numbers i don't see how it adds up for me.
 
 

Clairbare

User avatar
Posts: 117
Joined: Fri Jan 29, 2010 11:33 am
Location:

Post by Clairbare » Fri Jan 29, 2010 1:23 pm
Hi Wiganwire
I am completely new to this site and this whole IVA process, my husband and i owe approx £64 between us, however my husband owes approx £40 or that i reckon and wondered if you can think of a reason why yours was not accepted - also anyone can answer this - what are the circumstances around what would be approved and what might not be - how do they make their decisions??
Debt free by 2015 xx
Wants to thank this great forum for the help so far
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Fri Jan 29, 2010 1:31 pm
There are some creditors who believe that if the debts can be repaid over a timescale of 10 years or less than an IVA is not the right solution. Not all creditors have this view particularly as DMPs do not necessarily lead to the suspension of interest, charges and legal action. There is another thread where a client is facing a CCJ and interest is accruing yet he is in a DMP with the CCCS.

As Wiganwire does not intend to enter a DMP this creditor has effectively bitten off their nose to spite their face. Wiganwire will likely pay less for a shorter period of time when he goes bankrupt and will not have to remortgage in year 5.

Calirbare. Do not worry as your IP should know which creditors have what criteria and not propose an IVA unless they are confident of acceptance.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Clairbare

User avatar
Posts: 117
Joined: Fri Jan 29, 2010 11:33 am
Location:

Post by Clairbare » Fri Jan 29, 2010 1:41 pm
Michael
Thanks for that - the reason i asked is because the majority of our debt is to our bank (approx £55k over 4 different accounts 2 loans, 2 cc's) out of that my hubby owes about £40 just to this one creditor. The first contact at PP did say that if this bank decline it, then we cannot do an IVA - and i just wonder how likely it is that they will decline it! I think i am just so very nervous. We had been maintaining all payments until this week (albeit by robbing peter to pay paul which got us into this mess) but now i am even more worried it may be declined!!
Roll on the next step!
Debt free by 2015 xx
Wants to thank this great forum for the help so far
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Fri Jan 29, 2010 1:44 pm
The level of your debt means debt management would be a lifetime and realistically is not a viable option. Bear in mind you could petition for bankruptcy and this creditor would get little or no return. By offering an IVA you are giving the bank a chance of recovery with the possibility of even more down the line if things improve or equity becomes available. They would be silly to reject and I think your IVA should have a very good chance.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

wiganwire

User avatar
Posts: 8
Joined: Mon Oct 26, 2009 10:55 am
Location:

Post by wiganwire » Fri Jan 29, 2010 1:50 pm
Hi Clairbare

It was rejected as my level of disposable income was much higher than my wifes in the proposal and they felt that within 84 months I could pay it all back with a DMP, which I could if all interest etc was dropped which is highly unlikely.

Good luck with your IVA.
 
 

Darkdog

User avatar
Posts: 146
Joined: Fri Dec 11, 2009 4:42 pm
Location: United Kingdom

Post by Darkdog » Fri Jan 29, 2010 2:06 pm
Hi Clairebare,
we have a similar situation where one creditor could stop one of our IVA proposals, we have discussed this between us and feel if one not excepted then we would both propose to go BR and see if that swung it, but we have confidence with our IP and this probably won't arise, but if it did then we will discuss all further options with Melanie
many a mickle makes a muckle ...... if only I hadn't spent all the mickles
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Fri Jan 29, 2010 2:27 pm
An IVA is a comparison with bankruptcy and if a DMP is the correct option an IVA should not be proposed.If all those clients whose IVAs were rejected went bankrupt immediately petitioned for bankruptcy creditors might stop putting in arbitrary criteria or ridiculous modifications.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

MelanieGiles

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

Post by MelanieGiles » Fri Jan 29, 2010 11:02 pm
I am acting for wiganwire, and won't say too much in public about the creditors particular reasons for rejectiom - suffice to say that we are dealing with the creditor during the adjournment period and are hopeful that we can negotiate an acceptance.

It is most odd that the same creditor can vote to accept his wife's proposal on a joint debt, and reject his! I have never seen this happen before and wonder if the reprentatives from the other IP firms who post on the forum have?
Regards, Melanie Giles, Insolvency Practitioner
 
 

danny4

User avatar
Posts: 190
Joined: Wed Sep 02, 2009 3:52 pm
Location:

Post by danny4 » Sat Jan 30, 2010 1:34 am
I,m not an IP or anything like that but on my IVA barclays accepted and on my wife's they rejected. It didn't matter as it went through as they were not the main creditor but I thought it quite weird. Sometimes makes you wonder if they are playing games.
 
 

Shining

User avatar
Posts: 27019
Joined: Thu Sep 20, 2007 8:57 am
Location:

Post by Shining » Sat Jan 30, 2010 8:26 am
If Melanie's your IP rest assured she'll be fighting tooth and nail for that 'yes' vote.

I also think it's odd for one acceptance and one rejection on a joint debt, never thought about this before really.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sat Jan 30, 2010 9:23 am
Rest assured that Melanie will do her best for you.

I'm sure you will get a positive result.

You do wonder why they can vote yes to one and not the other, particularly as it is a decent dividend.
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
19 posts Page 1 of 2
Return to “Ask IVA Forum and Industry experts”