Early settlement of iva

9 posts Page 1 of 1
 
 

zim zim

User avatar
Posts: 187
Joined: Sun Dec 09, 2007 11:55 am
Location: United Kingdom

Post by zim zim » Mon Feb 25, 2008 10:46 am
Hi to you all, i need some advice please. We have an iva running with Langleys, to date we have made eight payments-2 x £890 and 6 x £705.Total debt is £56000. We have the fourth year equity clause built into the agreement. My question is, what would be a realistic offer to end the iva early?
 
 

MelanieGiles

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

Post by MelanieGiles » Mon Feb 25, 2008 11:22 am
Hi zim zim and welcome to the forum

I don't feel it is very realistic to offer an early settlement so soon into the IVA, unless there are good reasons for this such as a change of circumstances or reduction in income.

Where would you be getting the money from to offer the settlement, and what is the value of your property now and how much equity is there.
Regards, Melanie Giles, Insolvency Practitioner
 
 

zim zim

User avatar
Posts: 187
Joined: Sun Dec 09, 2007 11:55 am
Location: United Kingdom

Post by zim zim » Mon Feb 25, 2008 11:31 am
Hello Melanie, thankyou for the reply. The money would come from family who have offered to help and in turn we would pay them back accordingly. As for the equity, the property is worth approximately 130-140 and the outstanding mortgage is £105000. The equity release clause states they only want my half of the equity.
Last edited by zim zim on Mon Feb 25, 2008 1:13 pm, edited 1 time in total.
 
 

MelanieGiles

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

Post by MelanieGiles » Mon Feb 25, 2008 11:58 am
I would have thought that you are therefore looking at somewhere in the region of £40k, but if you were my client and there were no other reasons other than the motivation to want to end the IVA early, I would probably ask you to wait until the anniversary of the IVA - and you also need to check whether variations are permissible during the first two years, as these days a lot of creditors do not permit this.
Regards, Melanie Giles, Insolvency Practitioner
 
 

zim zim

User avatar
Posts: 187
Joined: Sun Dec 09, 2007 11:55 am
Location: United Kingdom

Post by zim zim » Mon Feb 25, 2008 12:03 pm
Hi again, sorry to be a pest but why would it be unrealistic to try and offer a settlement? I do appreciate that a lot of work goes into getting an iva agreed but if a realistic offer could be made would that not be a benefit to all parties concerned?
 
 

zim zim

User avatar
Posts: 187
Joined: Sun Dec 09, 2007 11:55 am
Location: United Kingdom

Post by zim zim » Mon Feb 25, 2008 12:05 pm
Sorry Melanie, posted the last before i read your reply. As far as i am aware there are no variation clauses attached to the agreement.
 
 

MelanieGiles

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

Post by MelanieGiles » Mon Feb 25, 2008 12:48 pm
It's just the attitude that some creditors have about attempts to settle early. Probably best that you speak to your IP about this one, who at the end of the day has to put his/her name behind any revised offer.
Regards, Melanie Giles, Insolvency Practitioner
 
 

zim zim

User avatar
Posts: 187
Joined: Sun Dec 09, 2007 11:55 am
Location: United Kingdom

Post by zim zim » Mon Feb 25, 2008 1:03 pm
Melanie, many thanks for your time and i really wish i had found this site before entering into our iva, i would have jumped on you like a shot (could have phrased that better but i'm sure you know what i mean).
Last edited by zim zim on Mon Feb 25, 2008 1:08 pm, edited 1 time in total.
 
 

MelanieGiles

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

Post by MelanieGiles » Mon Feb 25, 2008 1:07 pm
I am very flattered by your comments Zim Zim!!!
Regards, Melanie Giles, Insolvency Practitioner
9 posts Page 1 of 1
Return to “postings for february”