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Posted: Fri Mar 14, 2014 5:58 pm
by Desperado 77
£9,000 secured loan over 15 years totalling £24,000 can this be enforced? If secured loan is refused by her can you be made bankrupt? Would a full and final settlement be offered?

Posted: Fri Mar 14, 2014 6:15 pm
by Foggy
It is unlikely ( though not impossible) that a current IVA allows the IP to enforce a secured loan, if a remortgage is impossible. The usual alternative is a 12 month extension to payments.

The original paperwork needs to be examined for the agreed terms in this regard.

Posted: Fri Mar 14, 2014 6:19 pm
by Adam Davies
Hi

A loan can't be forced on a person but if the person refuses to agree to a secured loan then the IP could petition for bankruptcy at creditors request.
This is a grey and untested area at the moment

Regards

Posted: Fri Mar 14, 2014 6:29 pm
by Foggy
It depends upon the original agreement --- if the options were, for instance, remortgage or, failing that, extension, then they have to offer the extension. However some equity release clauses can be quite onerous.

Posted: Sat Mar 15, 2014 12:05 am
by MelanieGiles
I am not sure that I understand the question which Deperado is actually asking. Is your IP suggesting that you take out a secured loan instead of raising equity against your property during the final year?

I would doubt that any District Judge in the land would grant a bankruptcy order against someone being forced into an unfair contract terms by their IP.