can you choose your creditors on a iva ?

Get expert opinion. This is the place for new questions to be posted.
17 posts Page 1 of 2
 
 

Trevord5781

User avatar
Posts: 1
Joined: Sun Feb 13, 2011 10:15 am

Post by Trevord5781 » Sun Feb 13, 2011 10:15 am
can you choose your creditors on a iva
 
 

kallis3

User avatar
Forum Expert
Posts: 77177
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sun Feb 13, 2011 10:17 am
Hi and welcome.

I'm afraid that all of you unsecured debts have to be included in an IVA. Secured debts are included insofar as you will be able to continue paying them outside of the IVA.

If you are having problems then I suggest you speak to a professional. Visit www.iva.com for a list of companies and reviews and give one or two a ring. You will receive free and impartial advice about all the options open to you.
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
 
 

Shining

User avatar
Posts: 27019
Joined: Thu Sep 20, 2007 8:57 am
Location:

Post by Shining » Sun Feb 13, 2011 11:23 am
Good sound advice by Kallis and a great link as a starting point. Welcome to the forum from myself too and there will be a solution for you if you're experiencing problems so do contact 2 or 3 just to ensure you receive impartial advice. All the best. x
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

Broke of London

User avatar
Posts: 7761
Joined: Sun Sep 05, 2010 6:04 pm
Location: United Kingdom

Post by Broke of London » Sun Feb 13, 2011 11:53 am
Hi - you do need to include all unsecured creditors including family and friends. That said, my boyfriend asked not to be included so I pay him in dribs and drabs saved from my allowances. This isn't really satisfactory for either of us and with the benefit of hindsight, I would rather he was included in the IVA to receive a dividend and the at the end of the IVA I would then be in a position to pay off the balance.
 
 

MelanieGiles

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

Post by MelanieGiles » Mon Feb 14, 2011 12:22 am
All creditors should be included into the IVA from a strictly legal position and also to ensure the balance of fairness.
Regards, Melanie Giles, Insolvency Practitioner
 
 

TheMatrix

User avatar
Posts: 2171
Joined: Sat Mar 17, 2007 8:32 pm
Location: United Kingdom

Post by TheMatrix » Mon Feb 14, 2011 9:06 am
I agree, but if you really wanted to pay a particular person back for example if they are family you could agree to pay them outside the IVA once it is completed.

I'm not in that boat, but once it's finished the money is then yours to do with as you like, so paying them back then I would not have thought would be a problem.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
 
 

kallis3

User avatar
Forum Expert
Posts: 77177
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Mon Feb 14, 2011 4:14 pm
I think that's what usually happens. Of course as stated they can be included and receive a dividend.
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

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

Post by MelanieGiles » Mon Feb 14, 2011 11:54 pm
If you are intending on paying back that person in full at the end of the IVA - and I can understand why you would want to do this - then at least reduce the exposure to that by including them to receive dividends for the duration of the IVA as Jan suggests in her post.
Regards, Melanie Giles, Insolvency Practitioner
 
 

stupidly broke

User avatar
Posts: 36
Joined: Wed Jan 26, 2011 8:29 pm
Location:

Post by stupidly broke » Tue Feb 15, 2011 11:52 pm
i was told that i could not include the debts of £2500 and £1100 to my daughter and a good friend is this wrong ?
 
 

MelanieGiles

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

Post by MelanieGiles » Tue Feb 15, 2011 11:55 pm
It most certainly is. The only people who can ask for those debts to be left outside the IVA are the creditors themselves, and your good friend is not an associate of yours in any case. Who provided you with this advice?
Regards, Melanie Giles, Insolvency Practitioner
 
 

stupidly broke

User avatar
Posts: 36
Joined: Wed Jan 26, 2011 8:29 pm
Location:

Post by stupidly broke » Wed Feb 16, 2011 12:02 am
it was the company that i am with now for my iva they told me that as i did not have statements with sums ect on them they wouldnt include them, i have been doing overtime for the last 13 months purely to pay back these debts !!
 
 

MelanieGiles

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

Post by MelanieGiles » Wed Feb 16, 2011 12:06 am
That is pretty poor advice to be frank.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Broke of London

User avatar
Posts: 7761
Joined: Sun Sep 05, 2010 6:04 pm
Location: United Kingdom

Post by Broke of London » Wed Feb 16, 2011 12:08 am
Hi - if you want them included, you should speak to your IP again. It can be difficult to verify these types of loan but a bank statement showing the transaction may suffice. You may have been advised to leave these out because of the lack of paperwork. Worth another chat though x
 
 

stupidly broke

User avatar
Posts: 36
Joined: Wed Jan 26, 2011 8:29 pm
Location:

Post by stupidly broke » Wed Feb 16, 2011 12:13 am
im really cross now because i struggle to pay them i pay by bank transfer each month so the transactions are on my statements and i will be ringing DFD in the morning
 
 

kallis3

User avatar
Forum Expert
Posts: 77177
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Wed Feb 16, 2011 6:44 am
Hopefully Declan will pick up on this during today, he will certainly get things sorted for you.
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
17 posts Page 1 of 2
Return to “Ask IVA Forum and Industry experts”