will my IP want ALL my gratuity?

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steve532

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Post by steve532 » Mon Jul 07, 2008 3:41 pm
Ive done 24years in the military, Im also 2 years into an IVA, but i really want to now leave the mob!!!, I have no equity release as I put 16K in at the start, endownment + car, My problem is I have 40 payments of £700 left (28k) but my gratuity on leaving would be in the region of 40k, would my IP want all of this or could i do a full and final using some of my gratuity? Obviously I would effectivly be homeless when i leave the military so could do with as much as possible so i can rent some accomadation. Melanie i guess this is your speciality but i would appreciate any advice
steve
 
 

indebtforever

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Post by indebtforever » Mon Jul 07, 2008 4:20 pm
cant offer much advice i am afraid the experts will be here shortly would just like to commend you on 24years in the forces they should wipe the slate clean for this alone !!!!!!
 
 

steve532

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Post by steve532 » Mon Jul 07, 2008 5:02 pm
Thank you indebtforever i just wish my creditors agreed with you!!
steve
 
 

orchid5

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Post by orchid5 » Mon Jul 07, 2008 5:13 pm
Hi steve,

i'm not an expert in this field and have just completed my first year of an IVA, but what does it say in your contract, that might be a good place to start until Melanie can answer, i am in a similar boat with some compensation coming my way but all my contract says is to do with inheritance, windfalls and benefits.

Hope that you get a solution that is agreeable to all and that you can then restart your life, and i second what indebtforever says too.

O5 x
Om shanti, namesté, good luck to all who are embarking on the IVA journey, it isn't always an easy one but the outcome is the best.

IVA COMPLETED August 2012, received Completion certificate 18.4.13.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jul 07, 2008 5:13 pm
Surely this was discussed with you when you entered into the IVA Steve? I always specifically exclude retirement packages for my HMF clients, as that money is generally needed to rehouse and resettle your family, but if no specific provision was made for this within your IVA proposal, the you may find that it will be claimed as a windfall.

I suggest that you work out what you will need to retain from the gratuity in terms of resettlement and relocation - perhaps an educational course for a new career as well, and present this to your IP to see if they are prepared to put a variation forward to your creditors based upon an early settlement.
Regards, Melanie Giles, Insolvency Practitioner
 
 

steve532

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Post by steve532 » Mon Jul 07, 2008 5:24 pm
Thanks Mel im in for 30 years, So when I took out the IVA the plan was to stay in, So there is nothing in my IVA about pension or gratuity!! Ive just got back from a stint in Afghanistan and I guess it focuses the mind and made me realise there are other things i should be doing with my life rather than be putting it on line for peanuts
steve
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jul 07, 2008 6:11 pm
You might want to e-mail me off line with regard to this discussion, as I don't want to compromise your security but do have a few suggestions to make depending upon your current status.
Regards, Melanie Giles, Insolvency Practitioner
 
 

steve532

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Post by steve532 » Mon Jul 07, 2008 8:27 pm
Melanie, I have sent you my email on your site enquiry form.
steve
 
 

Soulgrowth

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Post by Soulgrowth » Mon Jul 07, 2008 8:46 pm
Good luck Steve [:)]

Debbie
Debbie
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jul 07, 2008 9:31 pm
I will pick that up tomorrow Steve, and hopefully we can have a chat.
Regards, Melanie Giles, Insolvency Practitioner
 
 

plasticdaft

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Post by plasticdaft » Mon Jul 07, 2008 9:47 pm
With regards to training for a job on civvy street,remember that your resettlement allowance covers most training courses.
Can you not hold back on taking as much gratuity for a larger pension(or does it only work the other way whereby you can commute your pension for a larger lump sum).

Ex Raf,but only did 16 years so I got a while to wait before I see my 16/47ths of a pension(but it is better that a kick in the bullox with a steel toe capped boot!!!)
Discharged today the 8th feb 2012. View is much brighter now.
Continuing to rebuild our credit worthiness.
 
 

steve532

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Post by steve532 » Mon Jul 07, 2008 10:20 pm
Thanks everyone for your comments, and i will look forward to your advice melanie, Im divorced but I got my pension and my ex got the house that was pre IVA, So at the present i live in the barracks so will need to get new accomadation, as well as a new job,
steve
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