can you sell your house while on a dmp ?

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jayne.6

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Post by jayne.6 » Wed Oct 06, 2010 12:04 am
can you sell your house while on a dmp and do you have to tell them
 
 

Broke of London

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Post by Broke of London » Wed Oct 06, 2010 1:01 am
You may find it difficult to get a mortgage at the moment and to save up enough to finance the costs of moving. You would need to speak to the person managing your DMP to see whether it is allowed and whether creditors have any claim on the equity.
 
 

MelanieGiles

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Post by MelanieGiles » Wed Oct 06, 2010 1:40 am
Yes - there is nothing to stop you selling your property whilst in a DMP, and if there is any equity you could perhaps use this to clear a chunk off your debts.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Andrew Graveson

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Post by Andrew Graveson » Wed Oct 06, 2010 11:18 am
Hello jayne.6,

There is nothing at all to stop you from selling your home while you are in a debt management plan.

You do not need to tell your debt management company though they may establish that there have been changes to your expenditure when they next review the DMP.

As Melanie has written this could be a uniquely good opportunity to reduce your overall debt level. Many creditors would prefer to accept a reduced settlement (and write-off some debt) rather than continuing to accept debt management plan payments over the coming months and years.
Andrew Graveson
Bright Oak Ltd
UK Debt Management Company
Website: www.brightoak.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Wed Oct 06, 2010 11:38 pm
Andrew - do you see any changes coming to the DMP arena requiring people to declare more about their assets, and those which are sold whilst the plan is in place?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Andrew Graveson

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Post by Andrew Graveson » Thu Oct 07, 2010 12:25 am
I don't Melanie.

Unlike an IVA, debt management plans do not include the contribution of assets such as equity in a home.

Of course a debt management plan does not provide protection against creditors taking legal action to use a debtors assets to help deal with debt should a creditor wish to.
Andrew Graveson
Bright Oak Ltd
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MelanieGiles

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Post by MelanieGiles » Thu Oct 07, 2010 12:37 am
I think that is right - in that consumers should still have the choice as to whether the benefits of a shorter, perhaps more painful experience in bankruptcy or IVA, is better than a longer and uncertain, but perhaps more flexible solution in the DMP.

Given that one of the ideas I gather being mooted at the moment is a regulated DMP with perhaps automatic debt write off at the eight year point, this could indeed become the preferred solution to lenders and consumers alike.
Regards, Melanie Giles, Insolvency Practitioner
 
 

kallis3

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Post by kallis3 » Thu Oct 07, 2010 7:11 pm
That sounds like a good idea.
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

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Post by MelanieGiles » Fri Oct 08, 2010 12:53 am
I think we already have it - it is called an IVA! Will we see 8 year IVAs one wonders aloud?
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kallis3

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Post by kallis3 » Fri Oct 08, 2010 8:51 am
That wouldn't surprise me!
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.
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Broke of London

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Post by Broke of London » Fri Oct 08, 2010 12:52 pm
Interesting discussion. The 8 year DMP could actually make it more difficult for IVAs to be approved for people without equity. Could it end up that IVAs become the solution for those with equity to release and creditors insist on the longer DMP for those of us without equity. This would theoretically give them the best return but reduce the options for debtors. I hope to return a 100% dividend with a good wind and a few promotions but the 5 year term was the most important factor in choosing my iva. I am 32 now and want to recover from my debts while I'm still young. I'm sure there are people at lots of stages in life that feel they need a short sharp shock rather than a more drawn out (even if more comfortable) solution. My worry-wort mind does love to jump the gun!!
 
 

Michael Peoples

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Post by Michael Peoples » Fri Oct 08, 2010 12:58 pm
If creditors pushed for this option I believe that bankruptcies would shoot through the roof. I doubt if too many people with no equity or even a property would agree to pay over 100% of their surplus for a period of eight years when they could petition for bankruptcy and pay over a percentage for three.

Five years is a reasonable compromise and any movement towards eight may actually backfire for creditors. I have noticed an increasing number of clients opting for bankruptcy rather than entering six year IVAs with a likely extension to seven.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

kallis3

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Post by kallis3 » Fri Oct 08, 2010 1:08 pm
Quite agree Michael - people are not going to agree to an 8 year plan if they could be debt free in 3 with bankruptcy.
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
 
 

Broke of London

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Post by Broke of London » Fri Oct 08, 2010 3:52 pm
It was just a hypothetical what if really. I totally agree 8 years is too long for an IVA. But I also think that we make a commitment and take responsibility when we make our choice; to take that choice away would also contribute to a higher failure rate.
 
 

MelanieGiles

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Post by MelanieGiles » Sat Oct 09, 2010 12:32 am
I don't see the lending community agreeing to this, but it will be interesting to see what the two trade associations - DRF and DEMSA come up with in terms of suggestions, as well as the OFT in due course.
Regards, Melanie Giles, Insolvency Practitioner
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