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In a big financial mess and I can't see the wood for the trees :(

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  • lea
    lea Posts: 399 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    As you are technically a homeowner, no point in making things stressful for yourself, if you can`t service your existing debts, then your choice is between debt management and IVA.

    The former (Debt management) is the most likely choice, as your income fluctuates, and it can be flexible according to your available budget, your not bound by any rules, and its just much simpler all round.

    Decide whether to self manage, or use a debt charity, and put your plan into action.

    Google "stepchange" and "debt management plan".
    Thanks for this response.
    I went onto stepchange and completed my details, budget, debt etc. The outcome was a DMP was not advised but an IVA was. I then went onto chat with an advisor and explained a bit more of the unusualities of my situation and they said a DMP would be good, so I'm a bit confused now!
    I say what I like, I like what I say!
  • TheAble
    TheAble Posts: 1,676 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Put simply you have a meaningful financial interest in this property which you are not currently enjoying the benefit of, nor have done for some time. Were I you I would grasp the nettle and look to realise my share without further delay.

    It's a potentially complex area though so you might wish to consider taking some professional legal advice.
  • lea
    lea Posts: 399 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Also just want to add, one of the 'positive' things on my credit report is stated to be that I'm currently a home owner with active mortgage. If I pursue ending my ownership, and don't get a settlement that clears my debt, would it be better for me to stay as a home owner with ex?

    Thank you
    I say what I like, I like what I say!
  • sourcrates
    sourcrates Posts: 31,627 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    lea said:
    As you are technically a homeowner, no point in making things stressful for yourself, if you can`t service your existing debts, then your choice is between debt management and IVA.

    The former (Debt management) is the most likely choice, as your income fluctuates, and it can be flexible according to your available budget, your not bound by any rules, and its just much simpler all round.

    Decide whether to self manage, or use a debt charity, and put your plan into action.

    Google "stepchange" and "debt management plan".
    Thanks for this response.
    I went onto stepchange and completed my details, budget, debt etc. The outcome was a DMP was not advised but an IVA was. I then went onto chat with an advisor and explained a bit more of the unusualities of my situation and they said a DMP would be good, so I'm a bit confused now!
    They would say that, as an IVA gives you legal protection, so any property will be safe from creditors.

    It would be just as safe in a DMP, they are just giving you the official advice.

    You can opt for an IVA, but you are bound by much more stringent rules, best to read up on both options, and satisfy yourself as to which route you would prefer.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • RAS
    RAS Posts: 35,703 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lea said:
    As you are technically a homeowner, no point in making things stressful for yourself, if you can`t service your existing debts, then your choice is between debt management and IVA.

    The former (Debt management) is the most likely choice, as your income fluctuates, and it can be flexible according to your available budget, your not bound by any rules, and its just much simpler all round.

    Decide whether to self manage, or use a debt charity, and put your plan into action.

    Google "stepchange" and "debt management plan".
    Thanks for this response.
    I went onto stepchange and completed my details, budget, debt etc. The outcome was a DMP was not advised but an IVA was. I then went onto chat with an advisor and explained a bit more of the unusualities of my situation and they said a DMP would be good, so I'm a bit confused now!
    Looking at this from your ex's situation, you need to explain to them that, once upon a time, your salary and financial record was they only way they could get the necessary mortgage, by having you as a joint mortgage. Now, with your salary and financial record, it is highly likely that those will adversely affect their ability to get a new mortgage at a good rate. They need to take financial advice from a broker now. And they'd be mad to stop having a lodger given the financial states both of you are in. It's like getting a tax-free salary break. 

    If you were to do an IVA, that could seriously affect their ability to re-mortgage to a good deal and you'd be required to pay out half the equity in year 5 or extend the IVA.

    IVA providers are there to make money from you, not to be your friend and saviour, which is why Stepchange tries to offer a less onerous deal. Some IVA providers include a requirement to take out an onerous multi-year secured loan if you can't pay out the equity, so you'd both absolutely need to avoid anyone but Stepchange unless you've got someone who can read, understand and explain the specific terms and conditions in detail.

    Given your fluctuating income, I suspect you'd struggle to make an IVA work over the duration. A third of them fail anyway and the budgets are thin.

    A DMP will also damage his ability to get a good deal on the mortgage, so you might want to discuss timing the DMP so that he can sever the financial association before you stop paying your consumer credit debts. But that means you struggling on for another 18 months.

    I assume that you have no accounts with your current partner?




    If you've have not made a mistake, you've made nothing
  • lea
    lea Posts: 399 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    RAS said:
    lea said:
    As you are technically a homeowner, no point in making things stressful for yourself, if you can`t service your existing debts, then your choice is between debt management and IVA.

    The former (Debt management) is the most likely choice, as your income fluctuates, and it can be flexible according to your available budget, your not bound by any rules, and its just much simpler all round.

    Decide whether to self manage, or use a debt charity, and put your plan into action.

    Google "stepchange" and "debt management plan".
    Thanks for this response.
    I went onto stepchange and completed my details, budget, debt etc. The outcome was a DMP was not advised but an IVA was. I then went onto chat with an advisor and explained a bit more of the unusualities of my situation and they said a DMP would be good, so I'm a bit confused now!
    Looking at this from your ex's situation, you need to explain to them that, once upon a time, your salary and financial record was they only way they could get the necessary mortgage, by having you as a joint mortgage. Now, with your salary and financial record, it is highly likely that those will adversely affect their ability to get a new mortgage at a good rate. They need to take financial advice from a broker now. And they'd be mad to stop having a lodger given the financial states both of you are in. It's like getting a tax-free salary break. 

    If you were to do an IVA, that could seriously affect their ability to re-mortgage to a good deal and you'd be required to pay out half the equity in year 5 or extend the IVA.

    IVA providers are there to make money from you, not to be your friend and saviour, which is why Stepchange tries to offer a less onerous deal. Some IVA providers include a requirement to take out an onerous multi-year secured loan if you can't pay out the equity, so you'd both absolutely need to avoid anyone but Stepchange unless you've got someone who can read, understand and explain the specific terms and conditions in detail.

    Given your fluctuating income, I suspect you'd struggle to make an IVA work over the duration. A third of them fail anyway and the budgets are thin.

    A DMP will also damage his ability to get a good deal on the mortgage, so you might want to discuss timing the DMP so that he can sever the financial association before you stop paying your consumer credit debts. But that means you struggling on for another 18 months.

    I assume that you have no accounts with your current partner?




    Thanks for your reply and info.

    We have two dormant joint accounts that we used for bills when we were together - they are no longer used but we both bank with the same bank so both have access to them, if we wanted to use them. They are empty current accounts.
    I say what I like, I like what I say!
  • lea
    lea Posts: 399 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    lea said:
    As you are technically a homeowner, no point in making things stressful for yourself, if you can`t service your existing debts, then your choice is between debt management and IVA.

    The former (Debt management) is the most likely choice, as your income fluctuates, and it can be flexible according to your available budget, your not bound by any rules, and its just much simpler all round.

    Decide whether to self manage, or use a debt charity, and put your plan into action.

    Google "stepchange" and "debt management plan".
    Thanks for this response.
    I went onto stepchange and completed my details, budget, debt etc. The outcome was a DMP was not advised but an IVA was. I then went onto chat with an advisor and explained a bit more of the unusualities of my situation and they said a DMP would be good, so I'm a bit confused now!
    They would say that, as an IVA gives you legal protection, so any property will be safe from creditors.

    It would be just as safe in a DMP, they are just giving you the official advice.

    You can opt for an IVA, but you are bound by much more stringent rules, best to read up on both options, and satisfy yourself as to which route you would prefer.
    Am I right in thinking that with a DMP, you repay the whole debt amount but minus interest? Stepchange have said a DMP would take me 26 years, which would take me to my late 60s, which is a terrifying thought?

    Thanks
    I say what I like, I like what I say!
  • Andyjflet
    Andyjflet Posts: 700 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    I think a good start is to close those linked bank accounts you have together, its all very disjointed and the best option for yourself is to get clear and start fighting your own battles. 
    Baby Step 6/7 . £16000 saved and invested. £47,000 deposit paid on new home DEBT FREE !!!
    Currently Negotiating with HMRC !
  • RAS
    RAS Posts: 35,703 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I assume those joint dormant accounts are with your ex? They don't help either of you. And have the potential to damage your ex's credit record if you have to use any debt solution. Suggest you agree to close them as soon as possible.
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,703 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lea said:
    lea said:
    As you are technically a homeowner, no point in making things stressful for yourself, if you can`t service your existing debts, then your choice is between debt management and IVA.

    The former (Debt management) is the most likely choice, as your income fluctuates, and it can be flexible according to your available budget, your not bound by any rules, and its just much simpler all round.

    Decide whether to self manage, or use a debt charity, and put your plan into action.

    Google "stepchange" and "debt management plan".
    Thanks for this response.
    I went onto stepchange and completed my details, budget, debt etc. The outcome was a DMP was not advised but an IVA was. I then went onto chat with an advisor and explained a bit more of the unusualities of my situation and they said a DMP would be good, so I'm a bit confused now!
    They would say that, as an IVA gives you legal protection, so any property will be safe from creditors.

    It would be just as safe in a DMP, they are just giving you the official advice.

    You can opt for an IVA, but you are bound by much more stringent rules, best to read up on both options, and satisfy yourself as to which route you would prefer.
    Am I right in thinking that with a DMP, you repay the whole debt amount but minus interest? Stepchange have said a DMP would take me 26 years, which would take me to my late 60s, which is a terrifying thought?

    Thanks
    That's the basic idea, but if you are only repaying a small sum each month, the debts will usually be sold on. The new  "owner" will have paid £1-20 for each £100 debt you owe. Some will make a very nice profit if you repay £20 for every £100 you owe. One company is likely to hold out for £75. 

    This is difficult to organise if you are with a debt charity because if you have £20k debt and accrue £5k, they want to pay pro rata to each creditor. If you are in control, you might well pay off £7-12k of your debt, perhaps more, by negotiating individual full and final offers. I'm sure other MSErs could share their experiences.
    If you've have not made a mistake, you've made nothing
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