windfall yr after iva payments end

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ellis9905

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Post by ellis9905 » Wed Jan 04, 2012 1:02 pm
well were finally looking towards the end of our iva- 12 payments left- this time next year we'll be done!!

unfortunaly both my husband and myself have grandparents who are becoming older and less well.

could someone please clarify what would happen in the following circumstances-the iva is in my husbands name

if my grandparents died before the iva payments finished- would i have to hand over the windfall ( despite the ive being in my husbands name)and in the case of after the 5 yrs of payments had been made, but during the final year the iva stays on file- could the iva claim this or after the 5 yrs are all windfalls now ours?

and whilst im aware if my husband was left a windfall during the 5 yrs of payments then he would have to hand this over- but what about after he has paid the 5yrs payment, but whilst the iva is still on the record for the final year??

hope thats clear?! thanks [:)]
 
 

kazzafunk

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Post by kazzafunk » Wed Jan 04, 2012 1:06 pm
Hi ellis, well done on only having a year left - hope it feels good!

If the IVA is only in your husbands name then any windfall you receive is yours to keep regardless of when received.

If your husband receives a windfall after the completion certificate has been issued then it is his to keep. If he receives a windfall in the period between making the final payment and the certificate being issued to him then it would have to be declared and possibly paid into the IVA pot.
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

kallis3

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Post by kallis3 » Wed Jan 04, 2012 1:09 pm
Hi,

If your husband receives an inheritance during the IVA then he will need to hand it over - it may well be that it will pay his debts off in full and anything left over will be his.

I think that if you receive anything then it is yours and won't be affected by the IVA.

Once the IVA is finished and your husband has that completion letter, any inheritance after that is his.
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
 
 

Foggy

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Post by Foggy » Wed Jan 04, 2012 5:20 pm
I would like to add .. the completion letter Kazza and Kallis refer to should be issued within 6 months of the final paymant, all being well. Soem firms get them out within weeks. The year following you refer to is the year following a 5 year IVA that the record stays on your credit file and is a seperate issue.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

MelanieGiles

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Post by MelanieGiles » Wed Jan 04, 2012 7:34 pm
Why should this take six months? This is a ridiculous timescale - and given that the IP has to file an annual report within 2 months of each year end, I would be embarrassed if I were reporting that I could not close the case at that stage. There should be no excuse for not closing cases as promptly as possible when people have completed all of their payments.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Foggy

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Post by Foggy » Wed Jan 04, 2012 8:48 pm
As said elewhere, Mel, I fully agree. I just wish you could get other firms into line.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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