Is a windfall clause always present in an IVA?

Get expert opinion. This is the place for new questions to be posted.
37 posts Page 2 of 3
 
 

Shining

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

Post by Shining » Sun Jun 20, 2010 9:07 pm
Full amount pre-IVA I do believe x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Skippy

User avatar
Posts: 20720
Joined: Sat Oct 21, 2006 6:08 pm
Location: United Kingdom

Post by Skippy » Sun Jun 20, 2010 9:20 pm
Lesley's right, it's the full amount owed before the IVA, plus IP fees and in some cases statutory interest.
 
 

kallis3

User avatar
Forum Expert
Posts: 77172
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sun Jun 20, 2010 9:22 pm
Agree with Skippy.

You will always owe the full amount to your creditors, plus IP fees.
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
 
 

MelanieGiles

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

Post by MelanieGiles » Sun Jun 20, 2010 9:35 pm
John's circumstances would tend to lean more towards the flexibility of a DMP rather than an IVA - and if you need professional support Andy Davie is the man to contact.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Keepingmyheadabovewater

User avatar
Posts: 148
Joined: Sat Jun 19, 2010 7:54 pm
Location: United Kingdom

Post by Keepingmyheadabovewater » Sun Jun 20, 2010 9:39 pm
hi john i was on a dmp plan they will freze intrest only in some cases for only 6 months and your creditors will ring up day and night and ring your works and nasty letters your creditors can come in for the full amount of that debt of yours at anytime and you will have calling collection centres phoneing you up for money and if you pay some money over to one of your creditors and one of the other creditors find out the will reject your dmp plan and will want the money in full .
in a dmp plan your creditors dont know if they will get there money back while in a iva they do
JOHN
 
 

Skippy

User avatar
Posts: 20720
Joined: Sat Oct 21, 2006 6:08 pm
Location: United Kingdom

Post by Skippy » Sun Jun 20, 2010 9:41 pm
Rubbish! A DMP works very well for many people and this is just scaremongering. Many companies will be able to get the interest frozen and I agree with Melanie that Andy would be a good person to help you.
 
 

MelanieGiles

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

Post by MelanieGiles » Sun Jun 20, 2010 9:42 pm
That is too much of a sweeping statement John - and you should be careful when posting on the forum if your experience is limited to your own case.

There are around 700,000 active DMPs in the UK at present, where the vast majority of creditors have frozen interest for a number of years. I accept that this doesn't always happen - and it is a shame that this did not happen in your own case - but try not to paint too bleak a picture to forum members of a process which firmly has a place in the world of debt relief.
Regards, Melanie Giles, Insolvency Practitioner
 
 

John.mx

User avatar
Posts: 7
Joined: Fri Jun 18, 2010 2:59 pm

Post by John.mx » Sun Jun 20, 2010 9:44 pm
Keepingmyheadabovewater wrote:

hi john i was on a dmp plan they will freze intrest only in some cases for only 6 months and your creditors will ring up day and night and ring your works and nasty letters your creditors can come in for the full amount of that debt of yours at anytime and you will have calling collection centres phoneing you up for money and if you pay some money over to one of your creditors and one of the other creditors find out the will reject your dmp plan and will want the money in full .
in a dmp plan your creditors dont know if they will get there money back while in a iva they do
If it wasn't for this inheritance than I agree that an IVA would be a no brainer, but Murphy's law says that the inheritance will come 59 months down the line with 5 years worth of interest to add to my current debt.
 
 

MelanieGiles

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

Post by MelanieGiles » Sun Jun 20, 2010 9:46 pm
Not many IVA proposals actually provide for statutory interest these days John - and you can ask your IP to specifically exclude this if necessary.
Regards, Melanie Giles, Insolvency Practitioner
 
 

John.mx

User avatar
Posts: 7
Joined: Fri Jun 18, 2010 2:59 pm

Post by John.mx » Sun Jun 20, 2010 9:47 pm
So if I were to enter an official DMP and most creditors agree to a reduced return I might still settle early, would this be beneficial over just taking the flack and carrying on as I am?
 
 

Keepingmyheadabovewater

User avatar
Posts: 148
Joined: Sat Jun 19, 2010 7:54 pm
Location: United Kingdom

Post by Keepingmyheadabovewater » Sun Jun 20, 2010 9:49 pm
sorry for that posting melanie
JOHN
 
 

MelanieGiles

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

Post by MelanieGiles » Sun Jun 20, 2010 9:52 pm
No worries - and to John.mx, only you can decide which route is the best to follow - but a chat with Andy or any other DMP company would not do you any harm. Most commercial companies have a great record in getting interest frozen for the duration.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

User avatar
Forum Expert
Posts: 77172
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sun Jun 20, 2010 10:00 pm
I did a DMP for 18 months. My interest and charges were frozen from day one and I had no nasty calls or letters from the creditors included in that.
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
 
 

Keepingmyheadabovewater

User avatar
Posts: 148
Joined: Sat Jun 19, 2010 7:54 pm
Location: United Kingdom

Post by Keepingmyheadabovewater » Sun Jun 20, 2010 10:28 pm
thanks melanie
i did a dmp for 12 months then the dmp sister company took over do do a iva i do agree speak to andy for his best advise .
JOHN
 
 

Keepingmyheadabovewater

User avatar
Posts: 148
Joined: Sat Jun 19, 2010 7:54 pm
Location: United Kingdom

Post by Keepingmyheadabovewater » Sun Jun 20, 2010 10:33 pm
hi kallis3.jan i am more than willing to speak direct to you i wont be able to post this in the forum.if you speak to admin i will give them permission to email me direct
JOHN
37 posts Page 2 of 3
Return to “Ask IVA Forum and Industry experts”