Windfall question

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fifilebonbon

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Post by fifilebonbon » Wed Feb 04, 2009 9:14 pm
Yes but if a family member for whatever reasons frees up some money that would have previously only been given out as an inheritance upon death, in order to give out to members of the family including yourself then all you would need to say to the creditors is that we will only be given this money if it is offered up as F&F of our IVA - am I right? Otherwise there would be no point in us getting that money any earlier - it might as well stay where it is until we would naturally receive it upon that person's death (which hopefully would not be until after the IVA was completed). But otherwise any other sudden windfall like lottery win or unexpected inheritance would all just be offered into the IVA pot and no F&F would be be agreed. Have I got that right? So sorry to drag this thread out but since there is always a remote possibility for us that we could be given some money earlier than upon someone's death it is worth knowing the "rules" of F&F.....x
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MelanieGiles

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Post by MelanieGiles » Wed Feb 04, 2009 11:10 pm
That is about the height of it, but I would not get too bogged down on this thought if I were you, unless you actually have the opportunity to pursue this now - in which case perhaps an IVA based on a full and final settlement from day one might be a more sensible solution.
Regards, Melanie Giles, Insolvency Practitioner
 
 

fifilebonbon

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Post by fifilebonbon » Wed Feb 04, 2009 11:16 pm
Thanks Mel - although unfortunately no chance of any hand outs like that just now (how great would that be!!) but who knows what the future holds!! xx
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MelanieGiles

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Post by MelanieGiles » Wed Feb 04, 2009 11:40 pm
Never say never!
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Beans on Toast

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Post by Beans on Toast » Thu Feb 05, 2009 12:08 pm
Excuse my ignorance on this one, if you won the lottery and it was more than your original debt, is this all you would be expected to hand over, or would you have to give them everything? Just getting a few mixed messages on this.
Last edited by Beans on Toast on Thu Feb 05, 2009 12:09 pm, edited 1 time in total.
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rayb

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Post by rayb » Thu Feb 05, 2009 12:15 pm
BOT, All you would hand over is the maximum that you would of paid had your credit agreements run there normal course - what you borrowed!!
 
 

Beans on Toast

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Post by Beans on Toast » Thu Feb 05, 2009 12:20 pm
Cheers Ray, I know it makes sense but you never know. P.S they're not having my tenner from last week [;)]
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soreloser

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Post by soreloser » Thu Feb 05, 2009 12:24 pm
It seems to me that if you win the lottery a month before the IVA is up, you probably have to pay back (settle) the full amount still owed ie the original debt balance minus the amount paid into the IVA so far.

A F&F doesn't seem to be possible.

If you win the lottery a month after the IVA is formally completed, you have paid the IVA enabled reduced amount as agreed, and you keep 100% of the windfall.

I guess the vast majority of F&Fs (and I wonder if there are many) are all the conditional type from friends/family.

And I bet none are settled due to lottery wins...
 
 

soreloser

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Post by soreloser » Thu Feb 05, 2009 12:26 pm
oops - rayb posted as I typed
 
 

kallis3

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Post by kallis3 » Thu Feb 05, 2009 12:28 pm
I think you will find (and I am sure Melanie has posted on this), that until you get your completion certificate from the IP, you can still be asked to pay any windfall across to the IVA, even if you have made your final payment.
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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Beans on Toast

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Post by Beans on Toast » Thu Feb 05, 2009 12:36 pm
I wouldn't give a toot if it was a big win, I'd be happy to pay it back - I spent it!!!!
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fifilebonbon

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Post by fifilebonbon » Thu Feb 05, 2009 12:36 pm
I know its all very hypothetical but if by some remote chance you did win the lottery and were able to pay off your complete debt would you then still have the IVA on your credit score for the full 6 years or would that be cleared?[:I]
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kallis3

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Post by kallis3 » Thu Feb 05, 2009 12:40 pm
I think it would still be on your record for six years, but I could be wrong.
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
 
 

rayb

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Post by rayb » Thu Feb 05, 2009 12:46 pm
To be honest if you had won the lottery - you would not care what was on your credit record because you would never need it again [:D]
 
 

kallis3

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Post by kallis3 » Thu Feb 05, 2009 12:51 pm
We can but dream!
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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