Full and Final proposal possibly not being put forward ?

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Beaubeau
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by Beaubeau » Fri Nov 17, 2017 3:59 pm
Hi there I have posted on here a couple of times now regarding full and final offer.

As mentioned on my 1st post me and my husband split up and in order to
Move on my mil offered to settle the Iva with a full and final offer of £3700 I believe our balance to be around £6000: we sent the full and final offer in august it's now November and they still haven't drafted the proposal they are now saying after our income and expenditure it turns out I cannot afford the monthly payments but that my ex can. the trouble is my exs expenditure is only predicted as he hasn't got a place of his own yet, he's with parents only moved out this month.
So I feel they can't really know what he can afford as again only predicated depends on house area etc. They said that they may possibly decide that they won't put a proposal forward on this basis.

I'm
So frustrated Iv been so patient is it not in
there best interest for them
To help us put this behind us so we can both move on?.
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Foggy
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by Foggy » Fri Nov 17, 2017 4:09 pm
First -- that is no reason not to put a proposal forward. In fact it is all the more reason to do so.
Second --- it is your proposal to put forward - not thiers - and they have to do so (but try to keep them on side as their recommendation carries a lot of weight).
Third -- the decision is for the creditors, not for the IP, to make.

They are acting ultra vires and should not be doing so.
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Beaubeau
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by Beaubeau » Fri Nov 17, 2017 5:07 pm
Foggy wrote:
First -- that is no reason not to put a proposal forward. In fact it is all the more reason to do so.
Second --- it is your proposal to put forward - not thiers - and they have to do so (but try to keep them on side as their recommendation carries a lot of weight).
Third -- the decision is for the creditors, not for the IP, to make.

They are acting ultra vires and should not be doing so.



I really appreciate your reply I am
Worried sick about this situation.

The reason they said they may not put it forward is because the reason for the full and final was due to the split, they have established I couldn't afford it,but said if the creditors see that my ex can afford it :oops: going forward then they may not accept.

It's only predicted as he's only just moved in with parents. I feel they don't want to put it forward? Isn't it in there best interest.

I also feel like the emails Iv been recieving are Shap and matter of fact. :shock:
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Foggy
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by Foggy » Fri Nov 17, 2017 5:25 pm
Because the amount offered is well under the amount that would be paid in thellness of time it will reduce their fees, if they are on a percentage basis -- but that should not form part of their thinking. Regarding the ex paying -- they cannot expect, not force him to pay towards your debts --- you are now split, so, if the F&F isn't accepted he would be within his rights to get the IVA's seperated and ech of you would be responsible for your own arrangement, independantly of each other. Of course, all circumstances are different, but when my ex left me a single parent it was worked out that neither of us could afford to continue and a F&F based on payments made to date ws proposed and accepted by creditors.
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Beaubeau
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by Beaubeau » Fri Nov 17, 2017 8:03 pm
Foggy wrote:
Because the amount offered is well under the amount that would be paid in thellness of time it will reduce their fees, if they are on a percentage basis -- but that should not form part of their thinking. Regarding the ex paying -- they cannot expect, not force him to pay towards your debts --- you are now split, so, if the F&F isn't accepted he would be within his rights to get the IVA's seperated and ech of you would be responsible for your own arrangement, independantly of each other. Of course, all circumstances are different, but when my ex left me a single parent it was worked out that neither of us could afford to continue and a F&F based on payments made to date ws proposed and accepted by creditors.



They have said only 75% off the creditors need to agree. I sent the full
And final offer in august and they haven't drafted it yet.

Once drafted do you know how many days they have to sort it out? I just want this over :(
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Foggy
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by Foggy » Fri Nov 17, 2017 8:31 pm
They are supposed to draft the proposal within 21 days and then give the creditors 28 days notice -- this is why most firms ( except Payplan) do the job in a couple of months.
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Beaubeau
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by Beaubeau » Mon Nov 20, 2017 11:56 am
Hi thanks again for your reply, I am not happy about the way in which I have been treated and I would like to inbox you some off the things to get advice,if anyone is willing to do this? Thanks

Can't really send the personal emails on here that I'm not happy about. :|
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kallis3
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by kallis3 » Mon Nov 20, 2017 1:22 pm
You're not allowed to put email addresses on here - unless one of the experts is willing to contact you (I know Lisa is quite good if she can help)
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Beaubeau
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by Beaubeau » Mon Nov 20, 2017 1:54 pm
kallis3 wrote:
You're not allowed to put email addresses on here - unless one of the experts is willing to contact you (I know Lisa is quite good if she can help)



Do you think you could possibly ask her to contact me please ?
Would appreciate
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kallis3
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by kallis3 » Mon Nov 20, 2017 3:25 pm
Check her details under IVA experts details and drop her an email.
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kallis3
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by kallis3 » Mon Nov 20, 2017 3:26 pm
Check her details under IVA experts details and drop her an email. Mention the forum.
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