Would i be eligable for an IVA

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colin

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Post by colin » Mon Feb 19, 2007 6:10 pm
I am currently owing £66,000 to 9 creditors and starting a debt managment plan - I have approx £75000 in equity on my home. I have not included a loan from my parents (£10,000) in my debt managment plan because they are happy to hang fire with regard me paying it back - If i took the extra 10,000 into consideration it would then just make me insolvent - Would i be eligable for an IVA if this is the case.
 
 

amanda221

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Post by amanda221 » Mon Feb 19, 2007 8:33 pm
Hi there

You havent stated your income, Iam not an expert, but have an IVA with a house involved If you have an income depending on how much then you would be considered for an IVA, without income it would nt look promising im afraid.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Feb 19, 2007 8:36 pm
Hi Colin

If you have that much equity in your home, why don't you consider re-mortgaging to offer final settlements with your creditors?

The cost of a new mortgage will be far cheaper than the interest rates you are paying for credit cards and loans, and I think that you will find your creditors more than amenable to take lump sums rather than you "drip feeding" repayments over a long time with a DMP.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

colin

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Post by colin » Mon Feb 19, 2007 9:40 pm
Thanks for your reply Melanie - My current income is £2200 a month and i only have £76 available to share between my creditors. My current mortgage+consolidation secured against my property is £167000. A remortgage would not be possible.
There was one other reason why i asked if an IVA would be possible.. My partner is intending to move in with me and we will have approx £400 in total/month to pay my creditors.
MelanieGiles wrote:

Hi Colin

If you have that much equity in your home, why don't you consider re-mortgaging to offer final settlements with your creditors?

The cost of a new mortgage will be far cheaper than the interest rates you are paying for credit cards and loans, and I think that you will find your creditors more than amenable to take lump sums rather than you "drip feeding" repayments over a long time with a DMP.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Mon Feb 19, 2007 9:47 pm
Hi Colin

If your partner is prepared to support you in making your IVA payments, then an IVA may be possible, but in presenting this you will have to convince your creditors that they are better off by accepting this than petitioning for your bankruptcy or allowing you to continue making contractual or reduced payments by prior agreement.

Why are you saying that a re-mortgage would not be possible? Creditors will definately expect you to remortgage at the end of an IVA, so I would suggest that you do a "front-ended" remortgage now (or at least get a quote from a broker) and then see how much that will cost to repay on an interest only basis.

I think that you will find that this will be less than you are currently paying on your current mortgage and secured loan, which may free up some extra cash to meet ongoing monthly creditor repayments - either without the need of an IVA or DMP or with one.

No-one like me would want to see you enter formal insolvency proceedings unless there was no real alternative.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

neverending

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Post by neverending » Mon Feb 19, 2007 10:59 pm
I would guess that Colin would be unable to raise a mortgage given his debt v income ratio.You could always go self certified but you would probably only be able to borrow 80% of your house value.
I would suggest looking into an IVA with a view to including your parents debt.Contact a company on this site and seek their opinion.I think that with any equity release you will end up paying your debts off in full if you entered an IVA.
Last edited by neverending on Mon Feb 19, 2007 11:02 pm, edited 1 time in total.
Andy Davie
 
 

MelanieGiles

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Post by MelanieGiles » Mon Feb 19, 2007 11:08 pm
A self-certified mortgage should enable up to 90% loan to value depending upon your credit rating. This is usually possible, so long as you have not had mortgage arrears within the last 12 months.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

neverending

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Post by neverending » Mon Feb 19, 2007 11:27 pm
Well I,d be suprised at that Melanie because the lender would ask for info regarding unsecured debts and I think would be uneasy at lending 90% in Colin,s case.
There again I could be wrong !!
Andy Davie
 
 

MelanieGiles

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Post by MelanieGiles » Mon Feb 19, 2007 11:43 pm
Perhaps I ought to put you in touch with the mortgage broker I use, who regularly manages to get these deals!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

neverending

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Post by neverending » Mon Feb 19, 2007 11:51 pm
Melanie
Do you think that a 220k mortgage on a gross income of less than 40k is the right way forward ? In excess of 5 times earnings.
Even on a self cert you have to declare your earnings and Colin would have to declare approx 60k
Andy Davie
 
 

MelanieGiles

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Post by MelanieGiles » Tue Feb 20, 2007 12:15 am
Colin will have to decide what is the best for him on the basis of his current circumstances, and his future.

In my opinion, his best option is to sell the property, repay his debts and start again debt free, but I sense from his post that this is not what he wants to do.

With the level of debts he is presently carrying, and presumably not servicing given his salary and high mortgage payments, the he has three options:-

1 Debt Management Plan - Colin details his disposable income (with the assistance of his partner at £400), but the interest on these debts alone will amount to a substantial sum - perhaps £10k per year, reducing as the debts reduce but slowly, and he will carry on paying until all debts are repaid in full. He will probably never repay his debts at that rate, and they will likely increase. There is also no protection to him during the DMP period, and therefore he leaves himself at risk from Charging Order action which will eat into his equity.

2 IVA - As you have rightly pointed out he will end up repaying 100p in the £ and be required to release equity at the end of the arrangement, when he will be already subject to IVA proceedings - hence remortgage or sale at that point where he will pay a greater APR for a period extending past the IVA conclusion date.

3 Bankruptcy - not a sensible option, given the level of equity to be given up.

For me, or anyone else, to give Colin definitive advice as to his options, we need far more information than the brief snapshots posters list on the forum. I personally try never to give recommendations, merely options, but as Colin's post specifically asked whether we felt an IVA would be an option I have tried to answer that - by commenting on that option.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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