Over two years after making all 60 payments we are being asked to extend for another year.

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Lord.01

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Post by Lord.01 » Thu Oct 15, 2015 9:41 pm
all 60 payments made august 2013. equity approximately 10000 in house in my wife's name only. fj did not advise us 're equity properly and under impression no extension required.nothing paid to find since after month 60. now over 2 years later asking to exit e nd for another year. this does not seem fair. offered 1700 to creditors meeting. said want more as we have disposable income but our bills have been reduced since iva payments finished. unfair
 
 

kallis3

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Post by kallis3 » Thu Oct 15, 2015 9:44 pm
Hi and welcome,

Did you have a completion letter?
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.
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http://kallis3.blogs.iva.co.uk
 
 

Lisa Thomas

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Post by Lisa Thomas » Fri Oct 16, 2015 9:05 am
Its very strange that you have had radio silence on this for two years. something does not seem right. As Kallis asks did you ever get your CC?
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Fri Oct 16, 2015 9:30 am
IVAs have alegal time period so you need to ask your IP if yours has lapsed. Leaving it in limbo for two years seems very odd.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

longslog101

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Post by longslog101 » Fri Oct 16, 2015 9:50 am
Questions that spring to mind are:

1. Equity - you say in wife's name only, I are you both subject to IVA ? If your wife is not and you are not property opener IVA firm has no claim over your wife's equity in property.
2. If property is in both your names claim to equity is only on your share, if using the method described in your agreement this is less than £5k per head (if agreement says this) then there would be no equity claim.
3. If you have had payment reductions throughout the term and these added on the end it may have extended the term of the IVA.

I would write to them asking how they have concluded an extension is due with a worked example see the extension template letter in my. Blog re 12 month extension. Might be worth you getting a valuation on your property,. If you have your completion certificate already just ignore them, in my humble opinion as your obligations are complete under the IVA..
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register

IVA ended August 2015. Would recommend McCambridge Duffy
 
 

mikepapa

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Post by mikepapa » Fri Oct 16, 2015 5:44 pm
that's concerning,, what is the legal timescale on an iva. have received our completion certificates ,, is it possible they can come back to us for more payments or does having the CC mean I am legally free of the IVA, could someone please clarify thanks
Kind Regards, MP

IVA accepted 1st October 2009
 
 

kallis3

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Post by kallis3 » Fri Oct 16, 2015 5:49 pm
If you have your completion letter then they cannot come back at you for more payments - they can still chase PPI.

We don't know if the OP had their completion paperwork or not.
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
 
 

Lisa Thomas

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Post by Lisa Thomas » Mon Oct 19, 2015 9:40 am
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by mikepapa

that's concerning,, what is the legal timescale on an iva. have received our completion certificates ,, is it possible they can come back to us for more payments or does having the CC mean I am legally free of the IVA, could someone please clarify thanks
If you have your CC your IVA is complete. The only asset the IP can potentially still retain/pursue is any PPI compensation payment, however this is currently dependent on the outcome of an appeal going through the Courts. No idea why your IP is writing to you about an extension when they have already completed your IVA. Something is wrong. Write to them and remind them that your IVA was closed on xyz and they must therefore have written to you in error.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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