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Need IVA provider support - complicated case

13

Comments

  • miasuqu
    miasuqu Posts: 17 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Hi all 

    Thanks for all the helpful feedback 

    I was wondering if I walked away if there would be any impact on my private pension that I still have in the UK or my UK government pension 

    I´m guessing my shares will be safe as these are held by a US firm in dollars so my understanding it is outside the UK 

    thanks again 
  • miasuqu
    miasuqu Posts: 17 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Hi all 

    Thanks for all the helpful feedback 

    I was wondering if I walked away if there would be any impact on my private pension that I still have in the UK or my UK government pension 

    I´m guessing my shares will be safe as these are held by a US firm in dollars so my understanding it is outside the UK 

    thanks again 
  • RAS
    RAS Posts: 35,295 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 10 January at 1:36PM
    No, basically.

    This is why an IVA could be a bad idea for you.

    You may be restricted in how much you could put into your pension fund during the IVA. They won't go for the funds but can effectively reduce your further savings.

    They regard shares as fair play. They'd also regard your bonuses as fair play. Since you are remunerated with shares, you'd might be expected to transfer the sales to the IP, depending on the US situation. You would have to give up 50% of bonuses, above 10% of your normal pay.


    If you've have not made a mistake, you've made nothing
  • miasuqu
    miasuqu Posts: 17 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    RAS said:
    No, basically.

    This is why an IVA could be a bad idea for you.

    You may be restricted in how much you could put into your pension fund during the IVA. They won't go for the funds but can effectively reduce your further savings.

    They regard shares as fair play. They'd also regard your bonuses as fair play. Since you are remunerated with shares, you'd might be expected to transfer the sales to the IP, depending on the US situation. You would have to give up 50% of bonuses, above 10% of your normal pay.


    Is the above all referring to if I go with the IVA? 

    If I walked away from the situation my pension (UK private and government) would be safe along with my shares that are in dollars (due to vest this year for selling) in a US investment platform 
  • RAS
    RAS Posts: 35,295 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Referring to if you had signed up for the IVA, your assets would be more at risk, as explained.

    You do understand that after 6 years, even if you've not paid a penny, the debts become unenforceable by law? Can't stop the creditors trying for a CCJ, but that's wholly defensible and can be overturned if you don't get the court papers. But CCJs are unusual. 

    Do you have an Amex account or one with a credit union?
    If you've have not made a mistake, you've made nothing
  • miasuqu
    miasuqu Posts: 17 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    RAS said:
    Referring to if you had signed up for the IVA, your assets would be more at risk, as explained.

    You do understand that after 6 years, even if you've not paid a penny, the debts become unenforceable by law? Can't stop the creditors trying for a CCJ, but that's wholly defensible and can be overturned if you don't get the court papers. But CCJs are unusual. 

    Do you have an Amex account or one with a credit union?
    ok thanks - no Amex or credit union account 
  • RAS
    RAS Posts: 35,295 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Good, Amex and credit unions are more likely to take legal action.
    If you've have not made a mistake, you've made nothing
  • miasuqu
    miasuqu Posts: 17 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Help again please 

    I have emailed Payplan numerous times to ask them to withdraw my proposal as it has not been approved by creditors - they are ignoring me and I keep getting notifications that the creditors meeting is on Friday 
    I have been told the creditors were still saying no and that the meeting had been rescheduled and I replied saying I wish to withdraw  and now they are completely ignoring all my emails - I feel like they are doing this deliberately to push this through 

    Not sure what else I need to do to get them to withdraw the proposal  
  • sourcrates
    sourcrates Posts: 31,369 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Put it in writing to PayPlan`s office address.

    Date it for today.

    To be legally binding things of this nature must be in the form of a letter.
    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
  • ManyWays
    ManyWays Posts: 1,226 Forumite
    1,000 Posts Fifth Anniversary Name Dropper
    miasuqu said:

    Not sure what else I need to do to get them to withdraw the proposal  
    what is the name of the Insolvency Practitioner listed on your paperwork?
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