IVA support and discussion thread

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Comments

  • Fair points, but let's put this into perspective:

    1). Until I actually see the exact terms of one of these 'projected equity release' IVA's (sound a bit like some of the pre-2010 protocol plans that I have heard about, I guess), it is probably too early to speculate on the exact repurcussions;

    2). Any equity release (loan or mortgage) is still I assume, limited by the existing affordability criteria (ie: repayments are limited to a maximum of half your current IVA payment, with the remainder of any IVA payments reduced accordingly).

    3). The DMP option (or indeed any other option like going BR): Yes, faced with the prospect of potentially having to 'sell-up' anyway, or take out a sub-prime secured loan, this has to be considered more favorably, dependant upon each person's circumstances.

    BUT, with the IVA your credit history is restored 6 Years after the START of the arrangement, at which point you can start to look for a more reasonable re-mortgage to settle any existing sub-prime mortgage/loan. With the DMP, your credit history is trashed for the duration, + 6 Years after your LAST payment.

    4). As appalling as some of these loan interest rates/fees are, they still pale into comparison with the potential interest charged by the creditors over the duration of a 10+ year DMP.

    5). Agree: IVA's are a money-making product, but so are DMPs. Example: An individual with a £36K debt. Fees in a typical IVA - £4K give or take. About the same as the 11% fee charged by Stepchange/NDL etc. to the creditors (sorry, that should be 'creditor voluntary donations'), in a DMP - and that is assuming ALL interest is frozen with every creditor for the duration of the plan. Realistically, it is more than likely, with a DMP running 10+ years that these interest fees/creditor donations will far exceed IVA fees.

    Furthermore, if that DMP is with a private firm, well fees of £30-40pcm are not unheard of, and the customer has to pay them!!!

    It is also much harder to move goalposts in a formal, legally binding IVA contract, than in an informal DMP.

    Just my cynical view.
  • Hi

    There is sometimes a big issue made of the 6 year period on getting further credit.

    A fair point perhaps would be that lenders will not be too keen on giving credit to those who have been in any formal debt solution even after the 'clearing' period has elapsed.

    There are probably a fair percentage of IVAers who would not really feel the need to get into substantial or any debt for that matter again anyway.

    It could be argued that this 6 year rule 'advantage' of an IVA is just another marketing and selling angle for IVAs and again I point to the shocking high percentage of IVAs that fail.

    I don't really agree on your point about moving the goal posts as a DMP is an informal agreement therefore arguably the debtor is significantly less trapped - just look at the PPI issue to see my point.

    I also think you may be a bit low on some of the monthly private DMP fees

    As far as interest and charges are concerned in DMPs the advice industry are and indeed should be addressing this, the protocols are being touted it would seem.

    If people manage their own Debt Management Plans then there are no fees or donations to the profit makers or so called charities so the creditor return is more.

    Again I will pose these questions that nobody seems to want to answer or properly address -

    Are people who are currently in IVAs being approached by brokers with regard to secured loans where the terms of their IVA are clear on the 12 month extension equity clause and if so, why?

    As far as independent impartial advice is concerned, how can anybody justify such huge percentages of PPI claims going outside the arrangement - ex: not to the IVAer or the creditors which are the actual people I thought the IVA was supposed to be all about?

    The truth is that where profit, financial interest in a solution and debt advice is concerned, then it cannot ever be classed as truly independent and impartial as more an more people are cottoning on to.

    The way me and others are seeing things then it seems to be getting to the stage where people are going into debt solutions where they will never be debt free, the exceptions being Debt Relief Orders and bankruptcy, but of course there is little or no profit or financial 'donation' in the latter two solutions.

    Then there is the issue of falling incomes as we see on the TV and read in the newspapers almost everyday now - what is being done to help the people in debt solutions where this is the case anything? or maybe the cynic in me has a suspicion that we are moving the goal posts.

    Oh, I just happen to have picked up the papers on the Stepchange 2013 expenditure allowance budget figures while I type, really interesting on the clothing allowance and other sections.

    Think this review and figures could hit the screens soon and could be an interesting discussion point especially given that according to what I have been told the CFS & Stepchange trigger figures are being looked at for the purpose of 'harmonising'

    Really interesting, cant wait for any Stepchange comments:)

    My take
  • Depth_Charge
    Depth_Charge Posts: 970 Forumite
    First Post
    edited 10 October 2013 at 10:15AM
    Hi

    Just to expand on the clothing allowance issue already mentioned

    This is basically what I have read and understand the situation to be - (if it is wrong then I more than welcome anyone in the know who can correct me or clarify the situation)

    The minimum clothing guideline will be set to zero for single / couple budgets, and adult multipliers

    There, maybe that should start the debate for now - any comments welcome especially from Stepchange.

    It has really got me and a few others scratching our heads so I thought it would make a genuine discussion point:)

    If Stepchange wish to expand or update us then that would be great as this surely has to be in the interests of those currently engaged and looking at a debt solution along with advisers really.

    Meanwhile I will have a look into putting up things in more detail as not to cause any unnecessary confusion etc.

    My take, genuine curiosity and interest
  • Depth_Charge
    Depth_Charge Posts: 970 Forumite
    First Post
    edited 10 October 2013 at 10:53AM
    Hi

    I thought it would be worth mentioning this before any potential further comments

    One of my colleagues has just had a go on the debt remedy tool and tells me that it does appear that there is now no minimum for clothing and footwear when a single adult is inputted, even more interesting is that the food \ housekeeping minimum suggested amount has been reduced to £110 per month - I am sure it was previously set at £115 per month.

    mmm, real food for thought, very important issues and surely at least worth comments or an explanation from Stepchange??

    The Stepchange expenditure allowances are mentioned in the IVA protocol and used in IVAs, their own DMPs and Debt Remedy Tool.

    Setting payment amounts and reviews!

    Stepchange are almost 100% funded by the creditors and receive donations from creditors in relation to their Debt Management Plans.

    There is also another widely used and industry recognised set of expenditure guideline figures called the Common Financial Statement (CFS) that are updated on a regular basis - as far as I know none of these figures have actually been reduced. A number of the CFS expenditure allowance figures are much more generous and again the CFS is clearly mentioned in the IVA protocol.

    Very interesting discussion points indeed given the context of this and other threads for that matter.

    Who's going to be first?

    My take
  • Depth_Charge
    Depth_Charge Posts: 970 Forumite
    First Post
    edited 10 October 2013 at 12:48PM
    Hi

    Scratching our heads even more on the Stepchange allowances after reading this from one of their spokesmen

    http://www.stepchange.org/Mediacentre/Pressreleases/Inflationfalls.aspx

    Can anybody spot any potential contradiction maybe:)?

    Oh dear P

    My take
  • DC - you have covered a lot in your last 4 posts!!!

    I understand your point about the formalily of an IVA arrangement being potentially a disadvantage (as you correctly point out: You are trapped). You either have to let the IVA: 1. go to term; 2. fail - be back to sqare one with your creditors, face possible BR; or 3. Be in a position to offer a 'Full & Final settlement'.

    I agree as well tha your credit rating is not the be all and end all. Nor am I suggesting that insolvent people want a pristine credit rating again to get straight into more bad debt. But it means more than that: Access to 'proper' bank accounts, renting property, car/van hire, mobile phone contracts, being able to pay your insurance monthly, finance a half-decent, reliable car etc. Additionally, for home owners: yes, the ability to shop around for a better mortgage deal occasionally, is a considerable advantage.

    Furthermore, the question asked by many creditors about previous 'special repayment arrangements' - or similar terminoligy, applies to DMPs and IVAs alike.

    I can maybe live without some of the above privileges for 6 Years, but for 15-20? Not something I would wish on anyone in a hurry.

    Regarding the question re: equity release you pose about how IVA customers are approached by loan brokers: In all the cases I have read about, the customer alleges that a particular company has been suggested by their IVA provider. Cosy arrangement don't you think?

    Where can we find the latest SC Budget guideleines? The lowering of allowances could be interesting at review time!!! (Though I am more interested in the 'guideline' and 'maximum' allowances, not the 'minimum' - of course that could be zero in most categories.

    As I have alluded to previously, I have it on good authority from IPs posting on other forums, that creditors argue the toss over applying the CFS or SC Budget Guideline figures, often insisting on the latter. Well they would wouldn't they: Another cosy arrangement: insist on the application of the tighter figures, drawn up by their buddies at Stepchange (in turn funded by the exact same creditors), to maximise return.

    I agree: what is the point of allowing CFS in the protocol, if nobody is in a position to use them? Does anyone know if any IVA firm applying CFS?
  • Hi

    Yes, quite a lot in there.

    I have the new Stepchange Budget report and new guideline figures in front of me. The report makes very interesting reading especially one particular section on clothing allowances.

    I will be back on this later as this is very likely to turn into a somewhat controversial issue, it will not go away there is no need to worry about that.

    Hopefully the figures will be available for pubic viewing soon, I think they may have a little explaining to do.

    You mention reviews, mmm, very interesting indeed.

    My take
  • Some very interesting comments regarding the whole IVA issue.

    I think it has become quite clear from looking at information on the web that the IVA route has become far more complicated over the last couple of years with the issues of PPI and equity release and that is some cases creditors are pushing for secured loans as an option whereas perhaps in the past they may have just gone for the extra year. The main problem I have with this is that the goalposts certainly seemed to have been moved for those already in an IVA and may not be what they originally signed up for.

    It is quite obvious that IVA's are going to fail if living costs are reduced based on SC guidelines, meaning more for the creditors and I am sure there are many out there that wish they had never entered into an IVA.

    I can see how entering an IVA could be a disadvantage with all the problems that are attached to it, especially as it is entirely possible a few years in to find you are unable to meet the repayments and end up having to go bankrupt anyway and this is why I think there should be much more clarity over what an IVA entails and the possible pitfalls rather than a lot of companies glossing over all that and promoting how much debt can be written off instead.

    Just my views on some of the issues.

    Wisdom comes from experience. Experience is often a result of lack of wisdom.
  • Depth_Charge
    Depth_Charge Posts: 970 Forumite
    First Post
    edited 18 October 2013 at 10:26PM
    Some very interesting comments regarding the whole IVA issue.

    I think it has become quite clear from looking at information on the web that the IVA route has become far more complicated over the last couple of years with the issues of PPI and equity release and that is some cases creditors are pushing for secured loans as an option whereas perhaps in the past they may have just gone for the extra year. The main problem I have with this is that the goalposts certainly seemed to have been moved for those already in an IVA and may not be what they originally signed up for.

    It is quite obvious that IVA's are going to fail if living costs are reduced based on SC guidelines, meaning more for the creditors and I am sure there are many out there that wish they had never entered into an IVA.

    I can see how entering an IVA could be a disadvantage with all the problems that are attached to it, especially as it is entirely possible a few years in to find you are unable to meet the repayments and end up having to go bankrupt anyway and this is why I think there should be much more clarity over what an IVA entails and the possible pitfalls rather than a lot of companies glossing over all that and promoting how much debt can be written off instead.

    Just my views on some of the issues.

    Hi Find the Real

    Great post again in my opinion

    The recent huge gas price rises just show how fragile things can be when you are in a payment arrangement, especially an IVA.

    You see this type of in your face price increase is on an essential expenditure, a priority expenditure, so it is hard to argue that an allowance should not be made both in IVAs, Debt Management Plan or Bankruptcy Payment Agreements / Orders.

    This is where any arrangement where there is a financial interest for the provider of the debt solution arguably will come under the spotlight - maybe an allowance can be made for extra gas costs but perhaps you might now spend less on your clothing and footwear - what a joke

    As well documented and predicted by some, finances and the cost of living have been hammered over the last 18 months and are set to get worse, a real problem for those in debt payment arrangements, similar problems apply to the actual IVA & Debt Management Plan providers both profit makers and 'donation' set ups - it is a fact and they know it.

    The sheer scale now of the income cuts / pay freezes & huge cost of living increases are going to bring heavy pressure in many areas of debt and debt advice.

    A number of rigid business plans are looking like shaky pudding with no where to go really - it may get a little silly and obvious the way things are going, but they have nowhere to go and they know it.

    It is becoming a massive issue and problem for some agencies and providers, but not all.

    Something has to give, people need help or basically payment arrangements will fail or more worrying will be set up to fail or made to fit perhaps.

    People will never be debt free and in many cases get further into debt and alarmingly priority debt such as mortgage, rent, council tax etc.

    The figures just don't add up guys and it is all starting to stack up.

    Genuine independent impartial advice is set to be tested like never before

    The deafening silence in some quarters is getting so obvious now, you cant hide forever though, the basic maths and shrinking money in peoples pockets will see to that.

    Others are going to be left with the mess, and guess what, we are not going to stay silent, come what may we have no choice and after all it is supposed to be about genuine independent, impartial advice is it not?

    More info to come, watch this space

    My take as always
  • Hi DC,

    Fair points to an extent, we do hear of people regularly struggling when bills go up etc.

    As you say, if you spend more in one area you have to cut back on another - but that's life for everybody, not just IVA customers.

    OK, so my gas/electric bill goes up £20pcm. So what?

    'Normal' people, what do you do? Cut back in other areas? Oh no, nearly forgot - it goes on a credit card - and we all know where that leads.

    I would advise switching to a better deal. Heck, if you refer yourself to u-switch via MSE, you even get a free case of wine!!!

    Simple fact is, if IVA customers cannot wait until review time, you can contact your IVA company and, lousy customer service aside in some cases, you should be able to argue for an immediate adjustment in IVA payments.

    Most IVA's allow for a 15% reduction in payments without your IP having to seek creditor's permission. So it should not be a big deal frankly.

    In many cases mid-term IVA-ers, have had IVA-repayments increase because of rise in income, so in these cases payments can be reduced to allow for increased bills, whilst still meeting creditor dividend forecasts.

    I also say that it is important to claim against ALL the allowances that the Stepchange budget guideline allow. Even if you don't use them for that purpose, it helps in scenarios like this.

    I do concede however that many IVA customers are hovering on the brink of financial viability. Those who are deemed to be able to afford to repay £100ish per Month when their IVA was proposed.

    What has happened in many cases is the IVA company has stopped making allowances once they reach this figure, as doing so would make the IVA a non-starter. Victims of IVA mis-selling in a nutshell.

    Even small increases in outgoings for these cases is a huge problem, and could ultimately cause the IVA to fail. Then they are back to square one.
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