possibility of my application being accepted

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richards

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Post by richards » Fri Jul 13, 2007 8:16 am
I would like to make an application to enter an IVA agreement, as I can see no way of resolving my current financial situation without incurring further debt.

I am a homeowner, and recently re-mortgaged my property with the Alliance and Leicester, on a 5-year fixed rate deal, with an early repayment fee. I have 21 years left on my mortgage, and the outstanding amount is £133,000 including this fee. I have a secured loan on the property with the Halifax of £25000, of which, approximately £23,000 is outstanding.

I was not informed of the property value during the survey carried out, but I think that the property is worth about £178,000, and estimate the equity in the property to be £22,000.

In addition to the above, I have the following unsecured loan and credit card balances:-


Creditor Balance Payment
Halifax Visa 8,274.42 £187.59
Egg £8,500.00 £169.52
Alliance & Leicester £10,585.09 £120.00
Morgan Stanley £3,819.79 £90.00
Capital One £4,155.00 £120.00
Marbles £5,343.58 £147.88
MBNA £6,663.40 £110.00
Northern Rock Loan £13,000.00 £164.19
TOTAL £60,341.28 £944.99


My earnings are £2065 per month, and my current outgoings are £1774, and for more than a year I have been forced to borrow money from one source to meet payments for another. This, combined with both interest rate rises, and payment protection plans has led to a situation where I can no longer meet the expected monthly payments on these accounts.


I have considered filing for bankruptcy, but feel that as I am in a stable job, an IVA agreement would be more appropriate, as I would be able to repay more than if I were made bankrupt, and would also be able to release equity in three or four years time, which would help to clear the debt completely.

I would also be in a position to make an improved payment offer should my financial circumstances improve during the period of the agreement.

I am aware of the pros and cons of IVA agreements, and accept that I will not be able to incur further unsecured borrowing during the term of any agreement.

Could you please let me know if there is any possibility of my application being accepted.

Thanks,
I.O.U.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jul 13, 2007 9:05 am
Hi Richards

Well that looks like a good IVA to me. Northern Rock are not supporting many IVA applications at the moment, but depending on the circumstances of your loan they might look at your case favourably, and in any case they only represent 22% of your aggregate debt.

At the end of the day the ultimate judges as to whether an IVA will be accepted are your creditors, and you will need to appoint an IP who will be prepared to chase votes on the day of the creditors meeting, as if Northern Rock reject you will need supporting votes from every other creditor.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

Oliver

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Post by Oliver » Fri Jul 13, 2007 10:24 am
On the face of Richards i would say that you definately have the makings of a workable IVA proposal there.

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Oliver

Thomas Charles and Co Ltd.
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Oliver
 
 

iva_squirrel

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Post by iva_squirrel » Fri Jul 13, 2007 11:11 am
Good morning Richards,

Thank you for your post and welcome to the forum.

The outcome of the Creditors Meeting will depend on whether the creditors believe that the clients proposed IVA represents a better financial return than the return they could expect to see from the client being declared bankrupt.

So as you can now see, the preparation of the IVA proposal is everything. And looking at the details on your post, it looks like a good iva offer to me.


Kind regards,


Julia Simavi

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Adam Davies

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Post by Adam Davies » Fri Jul 13, 2007 12:30 pm
Hi
You have a strong case and just be aware that your creditors will ask for a fourth year equity release.
Good luck

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

zoe

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Post by zoe » Fri Jul 13, 2007 12:34 pm
Hi there
I would check the balance on your Northern Rock loan as the balance wouldn't be what you have left to pay, it it what you have plus interest so this may push you above the 25% threshold.
Hope this helps
zx

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MelanieGiles

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Post by MelanieGiles » Fri Jul 13, 2007 1:17 pm
Excellent point Zoe - and essential to check out before proceeding with an IVA application.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

chubba

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Post by chubba » Fri Jul 13, 2007 3:36 pm
Hi, New to the forum but have been watching like a hawk for three months.......Had our IVA agreed yesterday (14 days after the original creditors meeting) We owe Northern rock £63000 and they WERE'NT the highest creditor. They originally said NO WAY, which is what we had expected after reading about their past reponses. However, after they had reviewed our case and after some persuassion from our IP they finally accepted yesterday. What you need to understand is that they are only trying to limit their losses, the same way you or i would if the tables were turned. (After all we DID borrow the money in the first place)What i am trying to say is that they DO look at your case individually and as long as you are totally honest and the proposal you table is the best you can, i am sure they will listen to you.
IVA's are alot harder to achieve these days, as so many more people are doing them. So it's understandable that the main financial institutions are covering themselves as best they can...
GO FOR IT and good luck
 
 

zoe

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Post by zoe » Fri Jul 13, 2007 4:01 pm
Chubba -do you work for Northern ROck!!!???? LOL

Zoe
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Adam Davies

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Post by Adam Davies » Fri Jul 13, 2007 4:08 pm
Hi chubba and welcome.
Thanks for the info
Did your proposal change from the initial creditors meeting to the final one ?
regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

chubba

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Post by chubba » Fri Jul 13, 2007 4:29 pm
Firstly, NO i don't work for Northern rock....i really don't think they would ever employ me now.
secondly, the original proposal did change considerably ie from 43/£ to 63/£ and for 6 years not five, followed by the usual modifications.
The point i was trying to make was that i have heard nothing but negative things about Northern rock since i have been scouring the forum and i don't want anyone to think that if one of their creditors happens to be NR then don't bother trying the IVA route. Most of the large institutions farm their iva applications out to solicitors these days with a basic set of guidlines to follow. If you fall within their circle, you pass, if not, you don't. If you have a good IP, they will phone/email/write to fight your case and push the decision making process back to the Finance house where it originated.
There is hope for everyone and this is exactly why they are called INDIVIDUAL VOLUNTARY ARRANGEMENTS.
Having NR as a creditor does not mean that your iva will fail automatically, it just means that they will want more justification...!!!
 
 

zoe

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Post by zoe » Fri Jul 13, 2007 4:36 pm
Hi there
I agree with you that a good IP will fight your cause. Melanie did this for me i dont think her or her team did much else that week. NR would have accepted mine if i had accepted the proposals they were offering 0 which were totally unreasonable!
Chuba - what have you had to give up to increase your div by that much?
Z
x

Zoe
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chubba

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Post by chubba » Fri Jul 13, 2007 4:45 pm
Eeeeeer...!! Only my soul and the third child from each following generation until the sky turns into a bowl of soup....
I Jest, still coming down from the relief of getting the iva approved. We are having to throw company profits into the equation and probably have to work an extra day per week but hey..!!! That's life and in six years time we will be free. Life without plastic will be liberating but worth it........
 
 

lily

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Post by lily » Fri Jul 13, 2007 5:15 pm
chybba, you have a fantastic attitude to all of this and you look at it with objective instead of subjective eyes, which is great, I am sure you will sail through it. I can only imagine what the relief must feel like for you. (glad I am not number 3 in your family tho)

Good luck

lily
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Adam Davies

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Post by Adam Davies » Sat Jul 14, 2007 11:58 am
Hi chubba
Thats a big increase from the first proposal,did NR ask for the higher contribution and extra year ?
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
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