IVA stress

2

Comments

  • Doylie64
    Doylie64 Posts: 12 Forumite
    Sorry?? I understood perfectly the way it was explained to me also until the latest company took over I received a statement each year showing how much each creditor was given so maybe that is where the confusion has come from plus my IP telling me the money paid in was not counted towards the IVA but thanks for your advice.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    First Anniversary Name Dropper First Post
    Of course it is counted towards your IVA, your paying money to the IP for the IVA to pay a proportion of the debt.
  • PrettyKittyKat
    PrettyKittyKat Posts: 1,270 Forumite
    Before your Mum passed away it seems you were going to offer a full and final settlement variation with a GIFTED amount of money from a third person (your Mum). This is where 'typically' you are recommended to offer to the creditors the amount outstanding in payments/to reach original P in the £ estimate, and to ask whether they will accept this. An explanation as to why they should accepted the gifted lump sum rather than allow the IVA to continue is included in the variation report. The creditors then vote as to whether they accept this or not.

    Sadly it seems your Mum has passed away before this process could be completed. In that instance if you receive any inheritance when this will be treated as a windfall (meaning 100% has to be paid into the IVA up to 100p in the £). If you've had to pay any funeral expenses then discuss this wit your IP and provide evidence as usually they will deduct this from the inheritance amount first.

    Sadly when you are in a position to pay 100p in the £ it can feel like your payments have not 'paid' anything off your debt. The IP fees (including nominee fee, supervisor fee and any disbursements) are paid first then money left over is distributed to the creditors. The creditors know this and expect it. The fees of an IVA are usually several thousand so if you are paying a low payment like yourself, and then are in a position to pay 100p in the £ the amount required to be paid in can sometimes be around the same as your original debt amount. This is normal and you have not been missold

    You need to ask your IVA company for your 100p in the £ calculation and then confirmation for how much is outstanding to paid.

    How much is your inheritance likely to be? Are you talking about enough to pay 100p in the £?
  • Doylie64
    Doylie64 Posts: 12 Forumite
    If I can pay my creditors in full direct would it be better cancelling the IVA?
  • PrettyKittyKat
    PrettyKittyKat Posts: 1,270 Forumite
    Doylie64 wrote: »
    If I can pay my creditors in full direct would it be better cancelling the IVA?

    Unlikely. Any that weren't defaulted would then be defaulted - meaning it would be a further 6 years before they would be removed from your credit file. They would be able to add on interest and charges again.

    It would be several months of distress as you would have to wait for their systems to be updated, and then be able to contact them individually to discuss, so although it 'could' mean you pay a little less overall (no guarantee) you would need to consider if this is worth the hassle of organising it all whilst you are mourning your Mum.

    Do you have enough inheritance to pay 100p in the £?

    How much is the IVA company saying you have to pay to pay 100p in the £?
  • Doylie64
    Doylie64 Posts: 12 Forumite
    Full amount plus fees and charges the IP also said the money in the pot wouldn't be deducted plus when everything was paid I would have to continue to pay for the next 13 months to the end of the term . This has changed hands 3 times since it started and its the latest firm that said enough wasn't paid in the 2nd year so extended it I've already lost all faith in the situation as it stands.
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    First Anniversary Name Dropper First Post
    The information in post #6 is correct and complete.

    I think when you spoke to your IP and they said that the money you have already paid in doesn't count towards your original debt, they did not explain very well or they have given you wrong information.

    Have you got previous annual statements from the other IP firms? Maybe the money you have already paid in hasn't been accounted for with this latest firm.
  • Doylie64
    Doylie64 Posts: 12 Forumite
    I have asked for all paperwork relating to my IVA to be sent to me after your reply last week. When it was with the previous firms there was only one annual statement sent to me before it changed. I've been in it 6 years on 10th June it is due to finish next May but as I said previously even if I pay the full debt the IP said it has to run its course so I am seriously thinking of cancelling it and going straight to my creditors direct.
  • normanna
    normanna Posts: 172 Forumite
    First Anniversary First Post Combo Breaker
    Your creditors will most likely add on the interest that would have been due on the £28k original debt.
  • PrettyKittyKat
    PrettyKittyKat Posts: 1,270 Forumite
    Doylie64 wrote: »
    I have asked for all paperwork relating to my IVA to be sent to me after your reply last week. When it was with the previous firms there was only one annual statement sent to me before it changed. I've been in it 6 years on 10th June it is due to finish next May but as I said previously even if I pay the full debt the IP said it has to run its course so I am seriously thinking of cancelling it and going straight to my creditors direct.

    There is some definite miscommunication happening somewhere along the lines. If you pay 100p in the £ (ie the full debt plus all fees) your IVA will COMPLETE, you do NOT have to continue paying for the term as there is no term to continue paying for.

    As I said in the earlier post:
    Do you have enough inheritance to pay 100p in the £?

    How much is the IVA company saying you have to pay to pay 100p in the £? (an actual figure not an explanation as to what it is)
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