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Posted: Mon Mar 04, 2013 4:06 pm
by michaelmarsh
Hi there

My debt got out of control this year (although it was always really bad) and I had to lend money off friends and family to cover Christmas.

My self, partner and 3 children had no money to live off in January to survive off so got a few pay day loans(loans of £150, £200, £300, 3 seperate companies).

The shortfall of a house recently caught up with me a week or 2 ago to which I owe close to £50k so opted for an IVA (creditors meeting in 4 weeks time).

My question is even though I have included these payday loans in my IVA will they still be bound to the terms if other creditors agree? As I never paid the interest on these loans even once and only got them in January.

I know it looks bad but I honestly never meant to screw these companies over at the time of getting the loans and I have a terrible feeling that it may look like this when it comes to the creditors meeting. Will anything come of this during the meeting?

Thanks

M

Posted: Mon Mar 04, 2013 4:19 pm
by mazbrown
Hi Michael , I wouldn't let this bother you , the vote is based on the creditor with the highest debt in the vote , if you have a loan with Barclays for example of 15k , as long as they said yes your fine , I think 75% of the companies have to say yes , one of the experts might elaborate for you .

Posted: Mon Mar 04, 2013 4:24 pm
by Foggy
Hi, yes, it's 75% by value, so the little loans won't make a voting dent (but could still swing it if voting is close. However they vote ( even if they don't vote) if the IVA is accepted they will be bound.

Posted: Mon Mar 04, 2013 4:39 pm
by michaelmarsh
Thanks a lot

Posted: Mon Mar 04, 2013 9:07 pm
by Charlygirl
Hi Michaelmarsh,

Hopefully I can give a bit of reassurance I had my creditors meeting last week and my IVA was approved I had some payday loans, and a few of them didn't even vote.

If you have some big creditors and they vote yes, I would assume you would be fine.

Regards
Charlygirl

Posted: Mon Mar 04, 2013 9:54 pm
by UnionCityGirl
I had a few PDL in my IVA too and I don't think any of them voted.

Posted: Mon Mar 04, 2013 9:59 pm
by Hayley.dl
What if somebody had used your i.d. to get a paydayloan without your knowledge and it came up in the IVA proposal...? How would that be sorted out?

Posted: Mon Mar 04, 2013 10:07 pm
by Foggy
The creditor would have to prove the claim to the IP before they were paid anything. I imagine the Police would also be involved.