We Need Help Urgently

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MelanieGiles

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Post by MelanieGiles » Mon Jul 21, 2008 6:29 pm
One of the things that makes this forum such an valuable source of information, is the sharing of facts between the posters. So for the benefit of the original poster, and others who may have similar questions, I will try and answer them briefly.

First of all with regard to your housing arrangements, your creditors will be prepared to support a reasonable amount of housing costs - be it by way of a mortgage or rental for you and your family. They will not expect to support other family members at their expense - so your Mum would need to be paying a proper market rental for your property, which would need to be taken into account for the purposes of calculating your disposable income. Of course so would the mortgage payments.

With regard to your other queries:-

1 Your car could be at risk if creditors feel it is of excessive value and a more modest car might be requird to be found. You would also need to check the terms of the finance agreement to see whether it is HP or just an unsecured loan. If the latter, then payments towards the loan would cease under IVA proceedings.

2 An IVA is unlikely to affect you getting visas to travel in foreign countries.

3 If you are living together as a couple, your fiance's income would need to be taken into account within the calculation of disposable income available to offer to creditors, but then so would her personal expenditure and repayments towards her own debts.

4 Your budget is worked out simply on what you spend on a regular basis, and what you need to save as contingency expenditure for things that are not paid regularly, such as car tax, or simply to meet miscellaneous unanticipated expenditure.

5 Apart from usual and reasonable contingency allowances, you would not be allowed to retain any disposable income without good reason.

6 If you are provided with vouchers by your employers, these can be spent as they would be treated as gifts.

7 Under IVA proceedings you are required to have your property revalued during the final year of the IVA, with a view to seeking new lending of a maximum 85% loan to value. If, by raising a new mortgage, you would be left with funds in excess of £5,000 - having paid off your existing mortgage and secured loan - then you would need to introduce the surplus into the arrangement for the benefit of creditors. The monthly cost of your new lending would not be expected to exceed more than 50% of your then current IVA payment.

As Philip has already advised you, it can be difficult to deal with specific circumstances on a public forum, and a lot of the areas you need advice on are private. I suggest that you contact an insolvency practitioner who will spend time with you exploring the options, and advising you of the advantages, disadvantages and implications of each one so that you can decide on an appropriate way forward.

The very best of luck in your search - in the knowledge that the first step - of recognising a problem and sharing it with others who can help you has already been taken.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Tifosi1

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Post by Tifosi1 » Mon Jul 21, 2008 9:03 pm
Thanks Melanie,

I have called your office number and left a message. I will call in the morning also when i know you or one of your advisors will be there to talk in more detail - things are so complicated it would be best to talk rather than type!
If you don't make mistakes, you're not working on hard enough problems. And that's a big mistake

After climbing a great hill, one only finds that there are many more hills to climb.
 
 

Viki.W

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Post by Viki.W » Mon Jul 21, 2008 9:07 pm
Good luck Tifosi1 and please keep posting. X
Last edited by Viki.W on Mon Jul 21, 2008 9:07 pm, edited 1 time in total.
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lighton

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Post by lighton » Mon Jul 21, 2008 9:53 pm
Good luck from me too.My partner was allowed to continue with hp bcause the bike was no longer worth what we had left to pay.We are allowed to keep it now as he needs it to get to work.Its not worth much now anyway.Im sure your get all the help you need from melanie .Will keep watch at your progress.
 
 

moretolife

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Post by moretolife » Mon Jul 21, 2008 10:11 pm
hope you get the answers you need...i loved the picture of the person thumping their head on the desk.!!!! made me giggle
IVA completed 11th Dec 2009 due to a Full and Final with the fantastic help of Michael Peoples and
Mc Cambridge Duffy

Visit my blog...Journey from Debt to Life Post IVA
http://moretolife.blogs.iva.co.uk
 
 

Tifosi1

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Post by Tifosi1 » Tue Jul 22, 2008 11:40 am
Hello,

Just had a long chat with Tina from Melanies firm and wanted to say a big thank you to Melanie for progressing this for me so quickly! Tina has been really helpful and understanding to our situation, advising me on all options that we have and not just IVA.

It turns out that a DMP may be the best path for us, and i have been referred to BrightOak to discuss this further.

I cant believe it - i am feeling like things could be turning around already - will cross my fingers and hope that BrightOak can help us out.

Thank you Melanie and Tina, and everyone else for your posts! Will keep you updated
If you don't make mistakes, you're not working on hard enough problems. And that's a big mistake

After climbing a great hill, one only finds that there are many more hills to climb.
 
 

kallis3

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Post by kallis3 » Tue Jul 22, 2008 11:42 am
Glad you're on the way to being sorted Tifosi. I hope everything works out for you.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Viki.W

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Post by Viki.W » Tue Jul 22, 2008 11:46 am
Ah that's great Tifosi, good luck and let us know how it all goes. X
If you would like to talk to me about your debt problems, please visit:
http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jul 22, 2008 11:49 am
You are in very safe hands with the guys at Brightoak, and I am sure that they will be able to sort something positive out for you.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Tifosi1

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Post by Tifosi1 » Tue Jul 22, 2008 2:13 pm
Phew, things are coming together quickly!

I just had a call with Andrew at Brightoak, again he was very helpful as was Tina. He explained everything involved with a DMP and is going to send me all the paperwork that i need to read and fill out to progress further if this is something i want to take forward.

As some of our debt is with our banks, he even advised me on what will happen to our bank accounts (looks like i need to find a new bank, he advised Co-Op) and also helped me to discover that my car loan with VW is actually a Hire Purchase credit agreement - this has come as a big blow as i didnt realise it was HP when i bought the car (i need to read important paperwork more carefully) and so it can't be included in a DMP

I will have to keep up the monthly payments on it if i dont want them to take it away from me....

I am now worried that this will mean i wont have enough income left for a DMP to work. But Andrew told me not to worry and we can hopefully get it sorted in the next few days when the paperwork arrives.

I cant believe i have received so much help in only 1 day - thank you everyone who has read and posted, i might sleep tonight now that i feel reassured something can be done.
If you don't make mistakes, you're not working on hard enough problems. And that's a big mistake

After climbing a great hill, one only finds that there are many more hills to climb.
 
 

nomoredosh

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Post by nomoredosh » Tue Jul 22, 2008 2:21 pm
Hang on in there, you have taken a huge leap forward in recognising that you have a problem. The people on this forum are just great and everybody will support you along this journey. Best of luckx[:)]
 
 

Viki.W

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Post by Viki.W » Tue Jul 22, 2008 3:22 pm
Great news, Hope it all works out with the DMP. Keep posting.[:)] X
If you would like to talk to me about your debt problems, please visit:
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facingittogether

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Post by facingittogether » Tue Jul 22, 2008 4:23 pm
hi tifosi

i am so glad you are feeling more positive!

i really hope you get a dmp and can stop worrying

thinking of you

love barb x
12 down - 60 to go! woo hoo!
 
 

Abi

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Post by Abi » Tue Jul 22, 2008 5:22 pm
Hi Tifosi,
I know how you feel, just sharing alone takes so much pressure of us all, Keep posting and good luck with everything

Love Maxie x
 
 

lighton

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Post by lighton » Tue Jul 22, 2008 6:08 pm
hi glad you are getting things sorted.With regards to hp ours wasnt included in the iva but payments we made were included in our outgoings ,before they worked out what was left i should imagine the same will be for a dmp, im sure someone will hopfully confirm this.
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