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Partial settlement - Preferential Payment - explain please!

shomk
Posts: 148 Forumite


I'm a bit confused as to the idea of the preferential payment. Of course I get the idea of it, but in practice, what does it mean and what are the consequences?
I am being gifted money to pay all my debts but am asking for a partial settlement on them all. I do not have a set amount, it will be what is needed to clear the debts. I do not intend on applying for IVA/bankruptcy etc.
This is just an example of a basic situation (mine is more complex as I do have some debts with an interim charging order on my house):
I have 4 creditors and 2 agree straight away to my offer of 30%, so I pay them.
Over the coming weeks the other 2 say no, and we reach an agreement of 70%.
Have I given preferential payments to the two that have the higher percentage?
Do I have to wait for everyone to agree first before making payment? This would mean a lot of waiting and back and forth.
Should I have written to the two accepting 30% and say that because the others want 70% that I will pay them that also?
Does this not even apply because I am being gifted the money? The National Debtline says this 'If a friend or relative agrees and pays the settlement for you using their own money, this would not normally be classed as a preferential payment'.
What are the consequences? As I'm not applying for IVA/bankruptcy would there be no consequences?
Thanks
I am being gifted money to pay all my debts but am asking for a partial settlement on them all. I do not have a set amount, it will be what is needed to clear the debts. I do not intend on applying for IVA/bankruptcy etc.
This is just an example of a basic situation (mine is more complex as I do have some debts with an interim charging order on my house):
I have 4 creditors and 2 agree straight away to my offer of 30%, so I pay them.
Over the coming weeks the other 2 say no, and we reach an agreement of 70%.
Have I given preferential payments to the two that have the higher percentage?
Do I have to wait for everyone to agree first before making payment? This would mean a lot of waiting and back and forth.
Should I have written to the two accepting 30% and say that because the others want 70% that I will pay them that also?
Does this not even apply because I am being gifted the money? The National Debtline says this 'If a friend or relative agrees and pays the settlement for you using their own money, this would not normally be classed as a preferential payment'.
What are the consequences? As I'm not applying for IVA/bankruptcy would there be no consequences?
Thanks

0
Comments
-
Preferences only apply in insolvency.
If you are not doing DRO/IVA/bankruptcy you can do what you want.
2
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