Why would an IVA be turned down...

Get expert opinion. This is the place for new questions to be posted.
27 posts Page 1 of 2
 
 

Helpme27

User avatar
Posts: 25
Joined: Sat May 02, 2009 8:44 pm
Location: United Kingdom

Post by Helpme27 » Fri May 08, 2009 11:33 am
Hi

Just wondering what the criteria would be for an IVA being refused?

Is there anything I can to help prevent mine from being refused?

Thanks
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Fri May 08, 2009 11:36 am
Hi
There is in reality no critera as no two IVA proposals are the same. Sometimes creditors may prefer a Debt Mnagement Plan over an IVA as they will recover all their money.
Just give your IP all the information that they request, holding nothing back, and if they are happy to propose our IVA then you are in with a very strong chance.
If your proposal is Protocol compliant then creditors should give a valid reason for rejection
Regards
Andam Davies
 
 

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Fri May 08, 2009 11:41 am
In addition to what Andy says there are some creditors who have specific reasons for rejection such as recent or prolific spending and gambling. HMRC do not support IVAs where there is a history of non compliance or where a client has continuously not submitted returns. They can understand people getting into difficulties and not being able to pay but there is no real excuse for not being able to complete a form and return it.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Fri May 08, 2009 2:20 pm
MBNA don't accept IVAs where the applicant could pay all of their debts in full within 10 years. Lloyds TSB do not accept IVAs where they are owed more than 75% of the aggregate debts.
Regards, Melanie Giles, Insolvency Practitioner
 
 

David Mond

User avatar
Posts: 4896
Joined: Tue Sep 30, 2008 9:31 pm
Location: United Kingdom

Post by David Mond » Sun May 10, 2009 10:46 pm
Subject of course to interest being waived by all creditors and not just MBNA - anyway I think 10 years is slavery and too long.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
 
 

sparklywatcher

User avatar
Posts: 509
Joined: Sat Apr 25, 2009 12:22 pm
Location: United Kingdom

Post by sparklywatcher » Sat May 16, 2009 12:47 pm
well lloyds had 69% of my debt so lets hope my IVA just sneaks in under the radar xx
Creditors meeting set for 2nd June....
 
 

ivas4us

User avatar
Posts: 2782
Joined: Thu Apr 02, 2009 7:37 pm
Location: United Kingdom

Post by ivas4us » Sat May 16, 2009 12:50 pm
sparklywatcher Lloyds had over 50% of mine and still voted yes.
IVA.co.uk The best place for debt advice. Thanks to Melanie Giles, David Mond, David and J (Elv5) Kallis, Dand, Skippy, Andy Davie
 
 

sparklywatcher

User avatar
Posts: 509
Joined: Sat Apr 25, 2009 12:22 pm
Location: United Kingdom

Post by sparklywatcher » Sat May 16, 2009 12:51 pm
lets hope they say yes to me as well xx
Creditors meeting set for 2nd June....
 
 

ivas4us

User avatar
Posts: 2782
Joined: Thu Apr 02, 2009 7:37 pm
Location: United Kingdom

Post by ivas4us » Sat May 16, 2009 12:57 pm
I am sure they will. Volkswagen are cheesing me off they have had the car back, didn't vote in the iva entered a county court judgement and i have had a letter this morning saying the bailiffs are coming.
IVA.co.uk The best place for debt advice. Thanks to Melanie Giles, David Mond, David and J (Elv5) Kallis, Dand, Skippy, Andy Davie
 
 

sparklywatcher

User avatar
Posts: 509
Joined: Sat Apr 25, 2009 12:22 pm
Location: United Kingdom

Post by sparklywatcher » Sat May 16, 2009 1:07 pm
that is really bad, still if you send a copy of your IVA to the court and them (recorded) it should hopefully solve the problem?
Creditors meeting set for 2nd June....
 
 

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Sat May 16, 2009 4:52 pm
It's very bad.

I would do as Julie suggests - it worked for her.

Just in case bailiffs do turn up (hopefully they won't), have a read of this as it tells you what they can and can't do.

http://www.direct.gov.uk/en/MoneyTaxAnd ... G_10034289
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
 
 

David Mond

User avatar
Posts: 4896
Joined: Tue Sep 30, 2008 9:31 pm
Location: United Kingdom

Post by David Mond » Mon May 18, 2009 8:05 am
ivas4us wrote:

I am sure they will. Volkswagen are cheesing me off they have had the car back, didn't vote in the iva entered a county court judgement and i have had a letter this morning saying the bailiffs are coming.
See my response here:

http://www.iva.co.uk/forum/topic.asp?wh ... 792#197628
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
 
 

ivas4us

User avatar
Posts: 2782
Joined: Thu Apr 02, 2009 7:37 pm
Location: United Kingdom

Post by ivas4us » Mon May 18, 2009 5:53 pm
thanks David.
IVA.co.uk The best place for debt advice. Thanks to Melanie Giles, David Mond, David and J (Elv5) Kallis, Dand, Skippy, Andy Davie
 
 

sparklywatcher

User avatar
Posts: 509
Joined: Sat Apr 25, 2009 12:22 pm
Location: United Kingdom

Post by sparklywatcher » Mon May 18, 2009 8:07 pm
any news on the VW leasing problem ivas4us?
Creditors meeting set for 2nd June....
 
 

ivas4us

User avatar
Posts: 2782
Joined: Thu Apr 02, 2009 7:37 pm
Location: United Kingdom

Post by ivas4us » Mon May 18, 2009 8:19 pm
I have emailed David with a copy of the ccj and awaiting a reply. VW started off a really bad weekend for me. They have been a bit naughty because at the start I asked if I could sell the car and offer to pay the difference which they refused. I gave them the car back and they still want another £6,000 and it was a polo not a ferrari. I have tried to be fair with them all along but they just gone straight to ccj. I had been paying £92 a month after they had the car back as well. A disc has moved in my back and is trapping a nerve which is really painful. I have upset people as well which I never mean to do as life is too short.
IVA.co.uk The best place for debt advice. Thanks to Melanie Giles, David Mond, David and J (Elv5) Kallis, Dand, Skippy, Andy Davie
27 posts Page 1 of 2
Return to “Ask IVA Forum and Industry experts”