Full/Final

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s_murphy_pop

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Post by s_murphy_pop » Tue Oct 29, 2013 9:26 am
How early into an IVA can I make a Full and Final settlement offer? I'm not in a position to do this right now but hope to be soon.
 
 

Fletch2204

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Post by Fletch2204 » Tue Oct 29, 2013 10:14 am
I believe that you can make an F&F offer at any time. The real acid test is whether the offer is acceptable to your creditors. Fletch
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MelanieGiles

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Post by MelanieGiles » Wed Oct 30, 2013 1:41 am
That is correct - where will you be getting the funds from to make the offer as a matter of interest?
Regards, Melanie Giles, Insolvency Practitioner
 
 

s_murphy_pop

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Post by s_murphy_pop » Thu Oct 31, 2013 7:36 am
My cousin would be willing to gift me the money from her savings. It's only an idea I am playing with as it is a huge amount for her to give me. We will see! Thanks for the help!
 
 

luluj

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Post by luluj » Thu Oct 31, 2013 8:35 am
If you do decide to go down this route then you will need to consider what the offer should be. Always make the offer as close to the agreed amount at the outset - best way to calculate is number of months left by the monthly amount.

Your cousin would need to write to confirm that this offer was only available for the purpose of a full and final offer, otherwise you would not have access to this money.

You might also be asked to explain why it is being offered - have your circumstances changed since the outset ? Are you no longer able to afford the monthly IVA figure ? Are you under threat of redundancy or change to working hours / drop in salary etc - these kind of things need to be part of any full and final offer so that your creditors can see the benefit of them receiving their money now rather than over the next few months / years.

Best of luck with your offer if you decide to go ahead.
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pavel33

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Post by pavel33 » Thu Oct 31, 2013 10:30 am
Based on my experience yesterday with F&F offers I'd say that it's essential for you to offer the same amount as the sum of your monthly payments, unless you can present a strong case that there's a realistic chance of you not being able to continue that level of payment for the duration of your IVA.

In my case I'd been fortunate enough to benefit from, during the course of my IVA, a restoration to a 5 day working week from a 4 day working week, and very recently a 7.5% pay rise, and even though as a result I'd already (50 months into my IVA) paid back more than my creditors originally anticipated getting from the entire 60 months of my IVA, and despite recently missing part of 4 consecutive monthly payments leading to a slight extension, my F&F offer, which was 20.5% less than would be forthcoming from my remaining 13 monthly payments, was rejected outright and my creditors apparently made it clear they wouldn't accept anything less than the whole outstanding amount.
 
 

Tina Shortland

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Post by Tina Shortland » Thu Oct 31, 2013 10:35 am
What a lovely cousin you have s-murphy-pop! Best wishes with it if you decide to take that offer - let us know how you get on :-)
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MelanieGiles

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Post by MelanieGiles » Fri Nov 01, 2013 1:22 am
Did you increase your offer to get the full and final settlement accepted pavel33?
Regards, Melanie Giles, Insolvency Practitioner
 
 

pavel33

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Post by pavel33 » Fri Nov 01, 2013 8:37 am
That's what I intend to do Mel, but apparently I have to go through the whole process again so it'll take another 2/3 months - or are you suggesting that I could have gone back to my IP as soon as my first offer was rejected and said "ok, we're prepared to raise the offer to cover the sum of my monthly payments" and the process could have resolved within days rather than months ?.

Thanks for clarification.
 
 

Michael Peoples

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Post by Michael Peoples » Fri Nov 01, 2013 4:05 pm
If they did not adjourn the meeting they should rush a new variation out and not put you to the back of the queue.
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s_murphy_pop

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Post by s_murphy_pop » Fri Nov 01, 2013 4:40 pm
Thank you for the help! :D
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