Page 1 of 1

Posted: Thu Jun 12, 2014 10:17 pm
by Desperado 77
Hello,
Wonder if you can help please? My Husbands iva is due to finish in July after five full years of paying consistently every month. We have tried to remortgage but cannot. Our IP suggested various high interest secured loans over 15 years but we refused as that is not mentioned in his original T & C's. We thought it would be straightforward enough in that he would just have to pay another 12 months into the IVA as stated in the original paperwork, however we have just been advised that they are going to terminate his IVA and make him bankrupt due to there being equity in our joint owned property. The equity they want is over £17k . If I thought this was going to happen we would have just went bankrupt 5 years ago but tried to pay back and keep a roof over our childrens heads. Please advise what our best options are. Thanks

Posted: Thu Jun 12, 2014 10:18 pm
by MelanieGiles
They don't have a leg to stand on if his IVA does not provide for secured loans, and I am appalled that they would even be suggesting this without good grounds.

Which firm are you with?

Posted: Thu Jun 12, 2014 11:38 pm
by Desperado 77
Hello its debt lifeboat

Posted: Fri Jun 13, 2014 12:12 am
by MelanieGiles
This is the second post I have read about this firm tonight, and secured loans.

Go back to them, demand to speak with the IP personally, and ask him where he is getting the basis for making such demands of you.

Posted: Fri Jun 13, 2014 5:46 am
by luluj
I would ask them to point out the clause in your proposal docs and chairman reports where it states secured loan .... as Mel says they are on a sticky wicket ..don't give up without a fight !!!

Posted: Fri Jun 13, 2014 2:03 pm
by Michael Peoples
As I said on the other post make sure that you do not have anything in the proposal or modifications requiring a minimum dividend. The extension may not be automatic and a variation may be requirede.

Posted: Fri Jun 13, 2014 10:17 pm
by Desperado 77
What does a variation usually entail?

Posted: Sat Jun 14, 2014 12:57 am
by Michael Peoples
It is another meeting of creditors to vary the terms of the original IVA. Your IP will have to call one if the terms do not allow for an automatic extension.