Help please DMP

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suzz

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Post by suzz » Mon Jan 29, 2007 8:43 pm
Hello again, can someone please advise what is a Debt Management Plan, we did send the paperwork to a company to start an IVA, they have phoned us tonight to adivse that they will not be taking on our case as my husband is on a work contract for 12 months, (he has been unemployed for the past 18 months so this was a releif for him to get a job in the first place) they said for us to start a DMP, which i'm not sure will help us.

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MelanieGiles

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Post by MelanieGiles » Mon Jan 29, 2007 9:35 pm
A Debt Management Plan is an agreement to make ongoing affordable repayments to your creditors on a regular basis - providing each creditor with an equal share of your disposable income in proportion to the amount they are owed. Disposable income is calculated by adding all of the household income together, and then deducting usual household bills (not including debt repayments). The balance left is what you should be offering your creditors, but make sure some is left for contingencies.

It is possible to propose a DMP yourselves, without running to the costs of an independently managed plan, and this will mean that more money is paid over each month as you will not be paying fees to a management company. However some people find the stress of continuing to deal with their creditors too much, and prefer to have someone formally representing them. Either way, they seem to work with some limited success.

Creditors seem to like DMP's as they get regular monthly payments which continue until the debts are repaid in full. The danger for you lies in the fact that the creditors are entitled to charge interest, and that you have no rights to stop them from pursuing legal or other ongoing collection actions. DMP's therefore do not have the same level of protection as IVA's.

I have noted that your IVA has been turned down by your preferred IP on the basis that your husband only has guaranteed income for the next 12 months. I can understand their nervousness, as your husband was previously unemployed for 18 months. A DMP for 12 months, while he looks for more permanent employment does not, therefore, seem to be a bad idea.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

suzz

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Post by suzz » Mon Jan 29, 2007 10:08 pm
Melanie thank you for your reply, do IP companies not take on people who are self employed, my husband has worked all his working years since leaving school and has never been out of work (except for the last 18 mths) this was because he was made redundant, he is in his middle 50s and found that this was the only employment that he would be employed in, we have both worked full time and now have hit a difficult patch in our lives, but hopfully are looking to try to sort this out, we have debts of about £72,000.00 so a DMP would take us years to sort out.

Thank you Suzz
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jan 29, 2007 10:50 pm
Hi again suzz

We absolutely do take on clients who are self-employed - these are the people that IVA's were originally envisaged for! Sorry, I had not realised that your husband was self-employed. What does ge actually do?

I would rarely advise a DMP to someone of your ages, given the level of debts you have. Do you own your own property with equity in it?


Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
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suzz

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Post by suzz » Tue Jan 30, 2007 7:42 pm
Thanks for your reply again, my husband is at the moment a project engineer (time served industial electrician)at one of the major airports on a 12 month contract,we do have our own house with equity of about £50,000.

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suzz
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jan 30, 2007 9:07 pm
Can you let me know how much you owe, as it strikes me that an equity release may well be an option for you and then an IVA proposed on a full and final settlement basis.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
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suzz

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Post by suzz » Tue Jan 30, 2007 9:33 pm
please can you explain what you mean with regards to (equity release may well be an option for you and then an IVA proposed on a full and final settlement basis.) can i send you a secure attachment of our breakdown.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jan 30, 2007 9:40 pm
Suzz

You mentioned that you have £50,000 equity in your property. By effecting a re-mortgage over the property you may be able to release sufficient funds to enable a full and final offer of settlement to be offered to your creditors.

Could you at this stage just let me have three bits of information:-

1 The value of your house
2 The total amount of your debts
3 Your monthly disposable income (before you make any repayments to creditors, but after your mortgage payment.

I will then be able to advise further.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
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suzz

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Post by suzz » Tue Jan 30, 2007 9:46 pm
House value approx £135,000.00

Debts £76,412.70

Disposable income £623.97


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MelanieGiles

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Post by MelanieGiles » Tue Jan 30, 2007 9:55 pm
Hi suzz

I assume that you have a mortgage over the property of approximately £85,000. If this is the case, then you ought to be able to borrow up to 90% of the property's value ie £121,500 which would release the sum of approximately £35,000 (after costs and assuming that you have no early redemption penalties)

This money could be used to offer a full and final settlement type IVA to your creditors, and it appears that you could afford the increased mortgage repayments given the level of your disposable income.

One word of warning, you will be left with a higher mortgage, which will take longer to repay, but mortgage rates are much lower than the cost of other unsecured borrowings, leaving you with more opportunity of repaying the capital element quicker.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
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suzz

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Post by suzz » Tue Jan 30, 2007 10:05 pm
what term would a re-mortgage be taken over, and would there be a problem getting one, we are at the moment on reduce payments with our current mortgage lender, also would a full and final settlement IVA last the 5/6 years.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jan 30, 2007 10:07 pm
A full and final settlement IVA is usually concluded over a 12 month period, and I do not see you having any problems obtaining a mortgage - but you need to take specialist advice on that one as I am not qualified to give that out!

Good luck

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
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suzz

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Post by suzz » Tue Jan 30, 2007 10:13 pm
Thank you very much for your response, my next question is how do we proceed, the IP company that would not take on our case is Accuma and are returning all our paperwork. What do we do next?

Suzz and husband
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jan 30, 2007 10:53 pm
I suggest you speak to Thomas Charles who will be able to suggest an IP who may be prepared to take on your case. Oliver is usually around most days, and will be more than happy to suggest someone to you.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
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