redundacy

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Foggy

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Post by Foggy » Mon Feb 23, 2015 9:56 pm
LeFran, you are allowed to retain months money and carry on making IVA payments as usual from this. If you get another job in a month you are expected to pay back the other ( unused) 5 months.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

LeFran

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Post by LeFran » Mon Feb 23, 2015 10:00 pm
Ok cheers Foggy. It's not entirely clear in the paperwork.
 
 

Eliza

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Post by Eliza » Mon Feb 23, 2015 10:00 pm
My IP also says it could take longer than 4 weeks. Is this true? Thanks for your help so far its very much appreciated. Also can they somehow jepordise our FF in anyway. I feel the IP has the power to do what they want anyway i.e drag it out so we have the money before the offer is accepted.
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Foggy

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Post by Foggy » Mon Feb 23, 2015 10:03 pm
4 weeks is the notice period to the creditors, it also takes a couple of weeks to draft the offer beforehand.

The IP, in the offer, can affect the outcome by the way he presents the situation.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Eliza

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Post by Eliza » Mon Feb 23, 2015 10:14 pm
Thanks foggy. Its just a very difficult situation we could end up with nothing and no job if he takes redundancy. They will take his company csr too so we'll have no car. He wants to take it just wish IP could help more. They say cause they cant garauntee anything and the risk us down to us to take. Not very helpful.
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LeFran

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Post by LeFran » Mon Feb 23, 2015 10:26 pm
However selfish this may seem, I personally would not take voluntary redundancy at this particular time in my life under an IVA. A few years ago under different circumstances, I would have jumped at the chance. In fact, if my own role was at risk, I would now try and find another role in the same company to the point of opening up and explaining situation. That redundancy has been well earned and although I feel an obligation to pay back everything I owe, I feel now that my families best interests should come into it. Not only that but the redundancy may get swallowed up and trying to find a job that may involve a credit check, would be impossible. I would recommend sticking with it until after IVA, I am sure redundancy will come around again.
 
 

Eliza

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Post by Eliza » Mon Feb 23, 2015 10:51 pm
we see it at the moment as a way out of the awful feeling you have being in an IVA but it seems they could keep taking more and more. Its mind boggling and no straight clear answer....can anyone prepare us for the worse case senario. If they take the lot say 34k can they keep asking for more even though we only owed 26k then they would add 8% interest. Can they take more than statutory interest.
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LeFran

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Post by LeFran » Mon Feb 23, 2015 11:07 pm
It's not that awful. Stick with it. Any extra income (over your confirmed limits) will be handed over, that's part of the deal. However, ensure your income is still within the limits as per your written up agreement or your monthly payment may go up. However, if your outgoings also go up then all's good. Interest is frozen by the way and you are not liable. My personal thoughts are, do not take this redundancy and forget your current stresses. Complete the IVA and then move on. After all, your credit file will still be the same whether you pay it all back or not!
 
 

longslog101

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Post by longslog101 » Mon Feb 23, 2015 11:37 pm
Eliza,

I don't know your personal situation, other than that posted. IVA's are a relatively new concept to me so I am just giving my opinion as a layperson.

Work out what you have paid to date since starting, deduct this from the total debt plus IP fees till the end of your term, what is that number ?

Let's say for example you still owe £26k as you state above. At your current rate of monthly payments over the remaining course of your IVA how much off that will you pay ? Let's say hypothetically it works out at £20k, that is assuming there is no change in circumstances.

Now, thinking risk, if your partner/husband is made redundant or goes long term sick they will have to source an alternate employment, perhaps this isn't easy these days, or perhaps the only job they can secure pays much less, how much would your monthly repayments drop to ? The IP may have to call a creditors meeting to renegotiate the IVA as I understand it if the drop is considerable, now assuming that new rate over the remaining term of the IVA how much will the creditors now receive back ? What of your husband/partner now can't receive get a job ? The figure changes dramatically.

Making an offer today roughly the same, or perhaps marginally less than they would receive over the term of the IVA from a creditors risk perspective when faced with the consequences of mandatory redundancy with no enhanced package would be stupid, the only losers would IMHO be the IP company as their fees would be less as the annual fees are reduced.

Also what does your agreement say, does it say you can retain 6 months pay for redundancy payment, I don't know what your partner/husband earns but redundancy less 6x monthly salary of net take home pay may actually leave less than £20k, let's say for example your partner took home £3k a month, 3x6=£18k package that you're allowed to keep if it takes 6 months to find a job. That might not leave very much.

What if he can't secure further employment, all these things are things IMHO your Ip firm should be thinking, As Michael says above, even he thinks it would have a chance of success.

I know you can't put forward the offer without knowing what it is,but surely the terms of such an offer could be full and final amount of £x paid within Y days/months, in the event payment is not received the IVA continues as present. Even if you take a guesstimate figure.

I would also, in my statement be inclined to state that the time window is very narrow, the reality prospect being that if your partner is made redundant there is a high likelihood of the IVA failing and bankruptcy even being a possibility going forward, you would be keeping 6 months of redundancy money, taking the 6 month payment break (if your agreement allows it) and then filing bankrupcy, all of a sudden the firm you are dealing with may be inclined to put your offer forward, I would also put it in writing to them highlighting the risks of the situation and ask for a formal response with the reasons they will not put it forward, tell them the reasons should be very clear as you will be pursuing the matter if it comes to it (FSA etc).

Without having the number it's very hard to be specific.

I'm sure some qualified IP's could comment if you could offer, I know its all confidential but if you could provide rough

Value of original debt
Value of Payments made to date
Number of payments made to date
Value of monthly payment
Remaining number of payments due
Total value of remaining payments due
IP firm fees due and paid ?
NET pay figure each month

It would be a lot easier to understand the value an offer of £20k would then be in terms of how much pence in the pound the creditors would receive with a final offer.

Ps, are you actually talking to an IP, a call Centre, a salesperson when you speak to them ? It may be worth insisting on speaking to the IP whose name was used on your proposal, and getting their opinion if your not already, it really sounds to me like your being BS'd big time.

I apologise if any of the above is incorrect, misleading or against forum rules, moderators feel free to edit/remove if not appropriate.

Again, what firm is it that is being so difficult and preventing you from possibly ending your IVA early ? you may be surprised how a public dressing down may suddenly spring them into life, if I was a reputable IP and my name was on the paperwork of the firm I worked for and that's firm name was put on here in neon lights and some call centre/sales staff was spinning a yarn I would be distraught and ask you to contact me directly !! Failing that,you save some poor other individual from signing up with that firm and going though the same unhelpful process you are going through.

Good luck, I will watch with interest.
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register

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Eliza

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Post by Eliza » Thu Feb 26, 2015 9:43 pm
Hello all and thanks for your advice our IP has now agreed after pulling teeth to put an offer for F&F at 21k so fingers crossed. Thank you again will keep you updated.
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Foggy

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Post by Foggy » Thu Feb 26, 2015 9:57 pm
Best of luck with it Eliza
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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