Selling house to pay off iva?

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Foggy
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by Foggy » Mon May 08, 2017 6:54 pm
Krif wrote:
I've just had a email from someone from dfd saying Laura is on annual leave. They are going to look into this and reply tomorrow.

I've found the ip name and nominee name in my paperwork but no direct contact details.



Yes, I have just noticed that Emma Newton has recently ( today) made a post on her behalf.

If you go to the Insolvency Service website and click on "Find an IVA practitioner" ( or phrase to that effect) you can enter your IP name and it will give you contact details.
Krif
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by Krif » Mon May 08, 2017 8:44 pm
Yes it was Emma who emailed me. Will see what response I get and let you know.
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by Krif » Tue May 09, 2017 2:39 pm
She has asked that I send a letter from the 3rd party with the amount being offered. How best am I to get them to word the letter ?
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Foggy
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by Foggy » Tue May 09, 2017 4:02 pm
Something along these lines:

Dear XXX

My friend / nephew / brother / xxxx, "Krif" is in an IVA with your firm, xxxx, and he has approached me to ask if I could assist him with funds to enable him to make a Full and Final Offer in order to bring the arrangement to an early close.
I am able to offer, on his behalf, the sum of £xxxx. These monies are for the purposes of a full and final offer only. In the event that the offer is rejected I shall retain the funds and they will not be available.

Regards

XXXXX

It is simply confirmation of the funds being available from the third party. Any explanation and background would be in your offer letter to the IP, but needn't be chapter and verse.
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by Krif » Tue May 09, 2017 4:12 pm
Thanks.
They haven't asked for a letter from us which I thought was odd.
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Foggy
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by Foggy » Tue May 09, 2017 4:33 pm
Krif wrote:
Thanks.
They haven't asked for a letter from us which I thought was odd.


They could be happy to make their own narrative from what you have already told them. As I recall, my IP didn't ask for anything from me other than signing the variation proposal. An I&E had already been carried out, which is what led to the need for the F&F.
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by Krif » Tue May 09, 2017 5:01 pm
She said they have looked at the income and expenditure I sent and said payments are still affordable. They haven't taken into account i go onto half pay next month as on long term sick and I will have to pay towards social services care package when I get their report back with my contribution required.
I will send our letter as well explaining all this again as this is the main reason we are offing a full and final offer.
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Foggy
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by Foggy » Tue May 09, 2017 5:05 pm
Krif wrote:
She said they have looked at the income and expenditure I sent and said payments are still affordable. They haven't taken into account i go onto half pay next month as on long term sick and I will have to pay towards social services care package when I get their report back with my contribution required.
I will send our letter as well explaining all this again as this is the main reason we are offing a full and final offer.


You can insist that they include your letter as part of the variation paperwork -- after all, it is YOUR offer, not theirs.
Krif
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by Krif » Thu May 11, 2017 3:12 pm
Been told we have got to sign a dead of assignment before they will draft a variation report.
What is this? And the variation report I assume is the paperwork offering my full and final offer?
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kallis3
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by kallis3 » Thu May 11, 2017 3:14 pm
Deed of assignment is to do with PPI. Nothing to worry about.
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Foggy
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by Foggy » Thu May 11, 2017 3:16 pm
Krif wrote:
Been told we have got to sign a dead of assignment before they will draft a variation report.
What is this? And the variation report I assume is the paperwork offering my full and final offer?



As Kallis says the DoA is to confirm that PPI is theirs, even if claimed / paid after completion. Pretty much standard these days.

Yes, the variation is the offer and the report gives the outline and details, probably along with the IP's recommendation.
Krif
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by Krif » Thu May 11, 2017 4:20 pm
Thanks. We filled a load of pip paperwork out at the beginning and they didn't find anything.
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kallis3
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by kallis3 » Thu May 11, 2017 4:34 pm
Just sign it and hopefully you will get completion soon.
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by Krif » Fri May 12, 2017 1:54 pm
Had the deed of assignment come today. Went to email Emma who I've been sending all paperwork to & she's out of the office till the 31st. She's the only person I've got a direct email for.
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Foggy
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by Foggy » Fri May 12, 2017 3:17 pm
Hopefully Laura will be back shortly and will pick up the reins.
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