IVA section 8.11 duration

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Lufbraguy

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Post by Lufbraguy » Sun Feb 05, 2012 11:57 pm
Hi,
I have an iva with grant Thornton and have just finished 6 years. In section 8.11 of my proposal it states:
"It is proposed that I make voluntary contributions for a period of 5 years and that the voluntary arrangement should last for a maximum of 5 years and 3 months from the date of the creditors meeting or until payment has been made in full to creditors, whichever is the sooner. In that period of time it is anticipated that the superviser will have been able to collect all contributions, agreed and make a final distribution"
Because I couldn't release equity in my property does the above statement not overrule the extra 12 months GT are saying I should do? My proposal says nothing about 12 month exstentions.
I have asked GT to explain section 8.11 a few times and not had an answer, even during my variation appointment which the lady didn't seem prepared for.

Thanks
 
 

MelanieGiles

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Post by MelanieGiles » Mon Feb 06, 2012 12:26 am
Hi there and welcome to the forum

Did your proposal have the provision that the IVA be extended by up to 12 months in the event that you were unable to raise equity?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Lufbraguy

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Post by Lufbraguy » Mon Feb 06, 2012 12:31 am
Hi,

No is says the below,

I will also take steps to realise equity of £25,075 from my property detailed in paragraph 3.1. Proceeds from this source will be forwarded to my superviser for the benefit of creditors.  This will be attempted during the final year of my voluntary arrangement".

However my house price has dropped leaving equity of less than £6000.

Thanks for quick response :-)
 
 

MelanieGiles

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Post by MelanieGiles » Mon Feb 06, 2012 12:37 am
It is difficult to advise you without knowing the full facts of your case - best to chat through with your IP. Have you made additional payments in lieu of equity yet?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Lufbraguy

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Post by Lufbraguy » Mon Feb 06, 2012 12:57 am
No I haven't paid anything towards equity.

GT arn't that easy to get hold of to talk to and when you do the person can't fully help you for some reason. I used to have a case officer but not anymore its just whoever answers the phone.

The lady who did my variation on Friday wasn't prepared, didn't have all the information in front of her and somehow didn't answer any of my questions. I got the impression she was reading from a script just like a robot.

I was given two options go to my creditors asking to remove my property without GT backing or ask to remove the property and do another 12 months with their backing.

If I sold the house tomorrow after estate agent fees and solicitors fees there wouldn't be a lot of equity left if any.

Debt matters who arranged my IVA before GT took it over said if property prices dropped and I couldn't release equity it would be ignored but I had to try in my final year. They never said anything about an extra 12 months.
 
 

MrsR

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Post by MrsR » Mon Feb 06, 2012 8:07 am
Lufbrguy,

Most proposals now state that people could pay 12 months in lieu or equity, should none be available, and for a lot this is a good thing!

You really need to persevere and try to contact your IP directly and find out one way or another.

We do have a GT rep on here, so maybe drop her an email ?
Started IVA 27th Feb 2012 - Due to complete 27th Jan 2018 !!

Full & Final submitted and accepted 30th March 2015, paid 10th April 2015 - 3 yrs 1 month into IVA :)

Completion Certificate received- 30th April 2015!!
 
 

Grant Thornton

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Post by Grant Thornton » Mon Feb 06, 2012 12:02 pm
Lufbraguy - Welcome to the forum, we will contact you todat to go over the variation proposal,
Kind Regards
Karol
 
 

Lufbraguy

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Post by Lufbraguy » Mon Feb 06, 2012 6:56 pm
Thanks Karol. Fiona rang today but couldn't get me so I will ring back on the number she emailed me tomorrow. Will this be a direct number?

Simon
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