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Posted: Thu Aug 29, 2013 11:11 am
by saltyseaplumbs
is it possible to offer a full and final figure before the IVA is started? if not how long would you have to wait to make a full and final offer?
Posted: Thu Aug 29, 2013 11:33 am
by Adam Davies
Hi
A full and final IVA can be proposed straight away and would be better to be proposed before the monthly one is if you are in a position to offer a lump sum.
Where would the funds come from ?
Regards
Posted: Thu Aug 29, 2013 11:59 am
by saltyseaplumbs
it would come from a family member offering the money to help get out of this situation
Posted: Thu Aug 29, 2013 12:11 pm
by Kelly O
Hi saltyseaplumbs and welcome to the forum
A full and final IVA is certainly an option with funds from a 3rd party, we get many of these approved as crediors often prefer them as they get their money quicker than waiting over a 5/6 year period.
Have a chat to a few companies about your options. How much debt do you have? and how much lump sum could you offer?
Posted: Thu Aug 29, 2013 12:15 pm
by Adam Davies
Hi
If the lump sum is equal to 60 X your disposable monthly income then it is likely to be accepted, you would simply state that you will be using your disposable income to repay the family member over five years. Do you own a property ?
Regards
Posted: Thu Aug 29, 2013 12:58 pm
by Michael Peoples
You could offer less than sixty times your surplus if you intend to petition for bankruptcy as your payments in b ankruptcy would be for thirty six months. Some form of 'happy medium' is likely to be acceptable to creditors particularly as it transfers the risk of you maintaining payments away from creditors and onto your family member.
Posted: Thu Aug 29, 2013 1:33 pm
by Tina Shortland
I always say, especially when its money coming from friends or family - only offer what they can afford and see what the creditors say. The danger in trying to aim for a specific number is that someone is overstretched beyond what they can afford. You have nothing to lose by offering the full and final - see what creditors say, you will find out if they are looking for a higher figure.
Posted: Thu Aug 29, 2013 3:04 pm
by saltyseaplumbs
Thank you for your answers, no property is owned.
Posted: Fri Aug 30, 2013 2:20 am
by MelanieGiles
We do lots of cases like this, and would generally advice clients to steer with the 60x multiple - but at the end of the day it does depend on how much your funder is prepared to lend you, as I imagine the money will need to be repaid at some stage?
Posted: Fri Aug 30, 2013 6:16 am
by Shining
All the best with your offer if you go forward with this.
Posted: Fri Aug 30, 2013 11:16 am
by mike523152
Only advice I would give is to clarify 100% what full and final means, these forums seem to be unable to answer that question fully, so talk to you're IP and ask them to clarify in full in writing so nothing can come back and bite you on the butt