IP states that 85% LTV clause does not apply to the de-minimis clause ?

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AlmostThere30

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Post by AlmostThere30 » Tue Mar 11, 2014 4:16 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

Thanks Karen

The spirit of the IVA protocol means that if the sum to be raised from the potential re-mortgage - subject to you not borrowing more than 85% of the value of your property, then it is deminimis and there is then no need to raise any money or extend the term of the IVA.

Please get your IP to confirm that this is how they interpret the ruling. If they do not, then you may need to take this matter further.
I have little faith in HB Melanie. They've already messed up with payments (their system was showing our monthly contribution was lower than it should be (for almost 4 yrs) & so they advised we miss a payment (have email confirmation for when they realise they've ballsed up)

I really don't know what I need to be saying/asking to get the right result. :-( If I'm due another year, I accept that, but not because I don't understand the terminology.
Karen.
 
 

Leese

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Post by Leese » Tue Mar 11, 2014 8:50 am
Hi Karen, Melanie has more or less done it for you. Send an email to your IP saying...

Dear xxx

My understanding is the IVA protocol means that if the sum to be raised from the potential re-mortgage - subject to you not borrowing more than 85% of the value of your property, then it is deminimis and there is then no need to raise any money or extend the term of the IVA.

Please can you confirm that this is how you interpret the ruling.

Yours
 
 

AlmostThere30

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Post by AlmostThere30 » Tue Mar 11, 2014 9:23 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Leese

Hi Karen, Melanie has more or less done it for you. Send an email to your IP saying...

Dear xxx

My understanding is the IVA protocol means that if the sum to be raised from the potential re-mortgage - subject to you not borrowing more than 85% of the value of your property, then it is deminimis and there is then no need to raise any money or extend the term of the IVA.

Please can you confirm that this is how you interpret the ruling.

Yours


Thank you Leese. I'll email them today.
 
 

darth_ivader

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Post by darth_ivader » Tue Mar 11, 2014 10:08 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by AlmostThere30
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Leese

Hi Karen, Melanie has more or less done it for you. Send an email to your IP saying...

Dear xxx

My understanding is the IVA protocol means that if the sum to be raised from the potential re-mortgage - subject to you not borrowing more than 85% of the value of your property, then it is deminimis and there is then no need to raise any money or extend the term of the IVA.

Please can you confirm that this is how you interpret the ruling.

Yours


Thank you Leese. I'll email them today.
This is exactly what I did and it worked for me, especially as the spirit of the equity and de minimis clauses have been altered in subsequent newer versions of the protocol (2010 etc.)
 
 

villapb

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Post by villapb » Tue Mar 11, 2014 12:32 pm
Thanks Melanie thats a great email to send
 
 

MelanieGiles

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Post by MelanieGiles » Tue Mar 11, 2014 10:37 pm
Hope it brings the much needed clarification from the IP firm concerned.
Regards, Melanie Giles, Insolvency Practitioner
 
 

AlmostThere30

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Post by AlmostThere30 » Tue Mar 11, 2014 10:40 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

Hope it brings the much needed clarification from the IP firm concerned.
No response as of yet. Will have our valuation tomorrow & then take it from there.
Thanks for your help so far Melanie, really appreciate it.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Mar 11, 2014 10:44 pm
My pleasure - and I do hope that you get the clarification you desire at the earliest opportunity.
Regards, Melanie Giles, Insolvency Practitioner
 
 

AlmostThere30

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Post by AlmostThere30 » Wed Mar 12, 2014 5:10 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

My pleasure - and I do hope that you get the clarification you desire at the earliest opportunity.
House valued & we have no equity (literally none). I'm in shock, is this really the end?? Will we be debt free come August??
Karen
 
 

villapb

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Post by villapb » Wed Mar 12, 2014 6:51 pm
Karen yeap when they see value its over well done
 
 

Latitudee6400

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Post by Latitudee6400 » Wed Mar 12, 2014 6:58 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by AlmostThere30
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MelanieGiles

My pleasure - and I do hope that you get the clarification you desire at the earliest opportunity.
House valued & we have no equity (literally none). I'm in shock, is this really the end?? Will we be debt free come August??
Karen
Great news! [:)]
 
 

Foggy

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Post by Foggy » Wed Mar 12, 2014 7:02 pm
A word of caution: "It ain't over until the fat lady sings".

As we all know arrangements differ and even the same arrangements can be acted upon in different ways by different firms. So, although the outlook seems good, wait until your own IP confirms the situation, preferably in writing.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

AlmostThere30

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Post by AlmostThere30 » Wed Mar 12, 2014 7:16 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by Foggy

A word of caution: "It ain't over until the fat lady sings".

As we all know arrangements differ and even the same arrangements can be acted upon in different ways by different firms. So, although the outlook seems good, wait until your own IP confirms the situation, preferably in writing.
Thanks everyone.

Foggy - not celebrating till I have it in writing just in case!
Karen.
 
 

Struzzo39

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Post by Struzzo39 » Wed Mar 12, 2014 7:38 pm
Fingers crossed
Steven & Debbie
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