Split up with husband, iva likely to fail, gift from mother in law for F&F

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Beaubeau
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by Beaubeau » Fri Aug 11, 2017 3:26 pm
Can you please advise me if this letter is good enough.

Full and final offer.
Ref number xxx

Dear sir/Madame

Further to our telephone conversation,I would like to formally ask you to arrange a variation meeting on our individual voluntary arrangement, in order for a third party to pay a full and final offer of the sum of £3500 which can made via card over the phone,bank transfer or which ever other method you would prefer,this can be done at your earliest convenience.

The reason we would like to offer a full and final offer is because we are separating and won't be able to keep up with the monthly payments which would mean the Iva will fail.

Please find below a letter from the third party offering the full and final amount.

Kind regards
Mr Xxxxxx
Mrs Xxxxx



Dear who ever it may concern

I Xxxxx the mother of Xxxxx would like to offer a full and final offer of £3500 to end this Iva.

The offer is made on the clear understanding that if accepted that neither you or any other company will take any further action, to enforce or pursue the debt and that Xxx and Xxx would be released from any liability.

I would be very grateful if you could confirm this is writing if this is acceptable to you.

Yours faithfully
Mrs xxxx
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kallis3
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by kallis3 » Fri Aug 11, 2017 3:34 pm
Sounds ok to me.
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Foggy
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by Foggy » Fri Aug 11, 2017 4:04 pm
On the first letter .... Madam -- no "e" (the one with the "e" is either french or in an ... exotic occupation). Also I would add to the reasons something along the lines of : "Due to the separation I now have to run the family household and care for the children myself, whilst my ex partner also has to run his own household, increasing the expenses we both have to bear."

Don't say that you "won't be able to keep up the payments ....". Say " I would find it extremely difficult and stressful to keep up the current payments which would put the future of the arrangement in jeopardy of failing". This leaves the way open to finding another way of keeping the IVA going if they reject the offer, rather than automatically failing the IVA.

Second letter: Put in a line along: " The funds are available solely for the purposes of this full and final offer. Should it be rejected I will retain the monies and they will not be available for any other purpose."
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Beaubeau
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by Beaubeau » Fri Aug 11, 2017 4:32 pm
I can't tell you how grateful I am to you all for helping me with this tricky situation.

Please can you cast your eyes over this edited letter ?

Full and final offer.
Ref number xxx

Dear sir/Madam

Further to our telephone conversation,I would like to formally ask you to arrange a variation meeting on our individual voluntary arrangement, in order for a third party to pay a full and final offer of the sum of £3500 which can made via card over the phone,bank transfer or which ever other method you would prefer, this can be done at your earliest convenience.

The reason we would like to offer a full and final offer is because we are separating and Due to the separation I now have to run the family household and care for the children myself, whilst my ex partner also has to run his own household, increasing the expenses we both have to bear.

I would find it extremely difficult and stressful to keep up the current payments which would put the future of the arrangement in jeopardy of failing.

Please find below a letter from the third party offering the full and final amount.

Kind regards
Mr Xxxxxx
Mrs Xxxxx



Dear who ever it may concern

I Xxxxx the mother of Xxxxx would like to offer a full and final offer of £3500 to end this Iva.

The funds are available solely for the purposes of this full and final offer. Should it be rejected I will retain the monies and they will not be available for any other purpose.

The offer is made on the clear understanding that if accepted that neither you or any other company will take any further action, to enforce or pursue the debt and that Xxx and Xxx would be released from any liability.

I would be very grateful if you could confirm this is writing if this is acceptable to you.

Yours faithfully
Mrs xxxx
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Beaubeau
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by Beaubeau » Sat Aug 12, 2017 12:22 pm
hi do you think this is ok :oops:
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kallis3
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by kallis3 » Sat Aug 12, 2017 12:48 pm
Again, sounds good to me.
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Foggy
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by Foggy » Sat Aug 12, 2017 12:53 pm
Looks OK to me as well :-)
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Beaubeau
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by Beaubeau » Sat Aug 12, 2017 2:10 pm
THANKYOU,I FEEL LET YOU KNOW WHAT HAPPENS IN ORDER TO HELP OTHERES,I PRAY IT WILL BE ACCEPTED,JUST WANTED TO ASK I SURLY DONT HAVE TO CONTINUE MAKING PAYMNETS WHEN THIS SI PENDING ? BECAUSE THIS IS BASED ON IT BEING FINAL? :shock:
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Foggy
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by Foggy » Sat Aug 12, 2017 2:19 pm
Beaubeau wrote:
THANKYOU,I FEEL LET YOU KNOW WHAT HAPPENS IN ORDER TO HELP OTHERES,I PRAY IT WILL BE ACCEPTED,JUST WANTED TO ASK I SURLY DONT HAVE TO CONTINUE MAKING PAYMNETS WHEN THIS SI PENDING ? BECAUSE THIS IS BASED ON IT BEING FINAL? :shock:



Under the terms of the IVA you have to continue payments, otherwise it will fail. You could ask your IP for a payment break while the finances are worked out. This is what I did and they agreed (though they do not have to). It is better to discuss this with your IP and get them "on side" ... their support will carry a lot of weight.
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Michael Peoples
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by Michael Peoples » Mon Aug 14, 2017 8:34 am
It may be worth reminding your IP that they have 21 days to call the meeting of creditors under the IVA terms and conditions. You can also ask for your next payment to be suspended pending the outcome of the variation meeting so one missed payment would not be a breach and would take the pressure off. Some firms are slow at calling meetings so a gentle reminder of the obligations may be helpful.
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Beaubeau
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by Beaubeau » Tue Oct 31, 2017 12:58 pm
Michael Peoples wrote:
It may be worth reminding your IP that they have 21 days to call the meeting of creditors under the IVA terms and conditions. You can also ask for your next payment to be suspended pending the outcome of the variation meeting so one missed payment would not be a breach and would take the pressure off. Some firms are slow at calling meetings so a gentle reminder of the obligations may be helpful.



Following on from this message a full and final offer was sent 15th august and I still haven't had an answer is the right?
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Foggy
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by Foggy » Tue Oct 31, 2017 1:51 pm
This topic has been locked, being overtaken by new events in a new topic here:

viewtopic.php?f=145&t=83776
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