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Posted: Sun Dec 23, 2007 11:31 am
by bigpete
Do I detect a subtle change in IVA's?.. First they were more or less straightforward, then Northern Rock (and others) raised the bar to c40p in £, this caused a number of IVA's to fail as the debtor could not raise the required to meet 40p in the £.
Bankruptcies followed resulting in the remaining creditors who might have supported a lesser return getting very little - or nothing.
Then we see IP's putting forward perfectly researched and honest offers which are turned down by some creditors as being 'artificially inflated'. [due to unscrupulous IP's not doing their job) The IP tries his best but as the Debtor cannot raise the required amount, they go bankrupt.
Then we see Companies acting on behalf of Creditors trying to squeeze the maximum (and more) from the Debtor - well the more they squeeze out of the debtor the more they get. The Creditor goes bankrupt.
Then we see debtors agreeing to an arrangement which they have no hope of keeping to, they have five long years living on a pittance, so the attraction of going bankrupt has it's attractions..
Debt Repayment Programmes? could take decades to pay off and the real possibility of interest being added always there, causes worry and stress.. bankruptcies follow.

It seems to me the whole ethos of IVA's were/are good, but because of the combination of cavalier attitudes of low quality IP's and Creditors agents, the whole principle of the IVA is diminishing. Whether this is a knee-jerk reaction by the creditors to the forthcoming Simple IVA's and it's less involvement (Modifications etc) by them, it's 'grab it while you can'..?
Of course a great many IVA's run their course without incident, the IVA's and IP's rated on this site makes interesting reading, and to that I take my hat off to Mel.

We shall see what transpires with the SIVA's (whenever they appear?)..

Posted: Sun Dec 23, 2007 12:23 pm
by MelanieGiles
Hi Bigpete

A lot of the things you write about in your post are very true and the marketplace is quite strange this side of Hadrian's Wall. The Scottish market (of which you are very familiar) is far more sensible, allowing decent people to make decent offers to their creditors based upon what they can afford, without the garish advertising employed by debt "finders" we have experienced down here which has led to creditor apathy.

Let's hope that things settle down for all of us in 2008.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

Posted: Sun Dec 23, 2007 2:47 pm
by bigpete
Melanie; thanks for that, yes you are right; put in "Individual Voluntary Arrangement" into Google (UK only) and it comes up with 111,000 pages.. put in "Scottish Trust Deed" and we get just; 83 'nough said!,

Posted: Sun Dec 23, 2007 10:50 pm
by Skipper
No one really knows the situation in 2008. The banks are having a bad year in 2007 and with an OFT case on Bank charges they must win! - they will remain to put the squeeze on debtors and IP fees

Well come back Big Pete,good post

"Always think outside the box"