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Posted: Sat Aug 15, 2015 3:37 pm
by Spider8
Equity Clause - Annex 6

9.5 A clause detailing the above as set out in Annex 6 is to be included, where appropriate, in the individual’s proposal and the summary sheet (Annex 5) will identify that this clause is included.

The above clause States "detailing the above as set out in Annex 6 is to be included"

Who decides if this clauses is included - is it automatically included if you are a homeowner? Or the creditors or IP?
And why is it so badly worded as it's not as it says detailing the above?

Posted: Sat Aug 15, 2015 4:46 pm
by Adam Davies
Hi

It is quite normal to have an equity clause within an IVA proposal if you are a homeowner, the creditors would expect this in any proposal

Regards

Posted: Sat Aug 15, 2015 6:09 pm
by Spider8
So Annex 6 is automatically included if you are a homeowner?

Posted: Sat Aug 15, 2015 6:19 pm
by Spider8
The reason I ask is that I have a copy & paste of Annex 6 in my proposal.

Posted: Sat Aug 15, 2015 6:23 pm
by Adam Davies
Hi

Proposals can vary from one IVA to another too be honest

What is the actual wording of the clause that concerns you ?

Regards

Posted: Sat Aug 15, 2015 6:54 pm
by Spider8
Clause - Annex 6

My proposal has a straight copy & paste of Annex 6.


Protocol 9.5 - States "detailing the above as set out in Annex 6

Who decides if Annex 6 is included -
Is it automatically included if you are a homeowner?
Or the creditors or IP?

And why is Annex 6 so badly worded as it's not as it says at 9.5 - detailing the above?

Posted: Sat Aug 15, 2015 7:10 pm
by Spider8
The wording from Annex 6 can be interpreted in different ways.

9.5 a clause detailing the above as set out in Annex 6 - well Annex 6 is not worded as it says at 9.5 - detailing the above.

So who decides if this Annex 6 clause is inserted & how should it be interpreted?