IVA support and discussion thread

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  • Find_The_Real
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    An excellent post UTMNII as I think it covers a lot of points about what kind of advice there is out there especially. I think a major problem is for some people they struggle on with the debt, hoping things will get better or hope it will go away, or there is a sudden change in circumstances and due to the stress and panic of that, tend to naturally go with the advice they are given dependent on who they first turn to, after all these are debt advice 'specialists'.

    Very few people deliberately go out of there way to accumulate debt and so I think a lot of people choose to go for a DMP because they feel it is the right thing to do to pay back all of the money and I think this sometimes gives false data of what some of the debt charities advise. I was never advised to go into a DMP because of my level of debt but I chose it as I needed breathing space until I had final figures.

    IVA's and bankruptcy are not to be taken lightly and in my own opinion that it is perhaps the formality that concerns a lot of people and think in some way a DMP is less damaging to their finances.

    To me it is all about research and I am very much for the DMP as a stepping stone if you are really undecided about what to do, so you can assess the level of debt and how best to approach it depending on personal circumstances. But in reality how many people can in a way step back from their own debt problems and objectively look at all the options, which is why there is a big reliance on going with whatever advice they are given from both the charities and the private sector.

    I think there has been an awful lot of mis-selling of IVA's especially in the past which is creating the problems we are seeing now and I do think that as a whole the industry is learning from the problems that have been created but you will still get the odd rogue firms out there, as is any sphere of business, which is a shame as for some people I really do think an IVA is the best solution out there.

    I think what it has show from both my posts and that from yours UTMNII is that yes seek advice but also be strong enough to treat it as just that - ADVICE - and don't just assume that because that is what has been recommended, it is the right way to deal with your debts, and that not to entirely rely solely on the free advice charities but to also get advice from the private sector as if you are choosing the IVA route, generally and this is in my very own opinion, you will may get more specialist advice from those companies that solely deal in IVA's and have a lot of experience in this area (sure DC will correct me on that one!).

    Wisdom comes from experience. Experience is often a result of lack of wisdom.
  • UpToMyNeckInIt
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    Fair points again FTR,

    DMP's do have their place - not least, the use as as 'stepping stone' as you mention.

    But also, if you can pay everything off on a DMP within say, 6-7 years, then perhaps the benefits of greater flexibility that these aparently offer, has to be an important consideration.

    As you say, any form of insolvency should not be taken lightly.
  • Find_The_Real
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    Entirely my own opinion but I think the idea of entering into a form of insolvency is scary for a lot of people and that the DMP is a more 'acceptable' form of dealing with debts, regardless of the fact in some cases they are going to spend years paying it off.

    It also doesn't help that you tend to hear a lot about how the wild promises made by some IVA firms about being able to write off a significant amount of debt in just 5 years, when in reality it can be more than 5 years and a lot more to be paid in with PPI and windfalls. Bankruptcy can see a far more attractive option, especially it you have negative equity or very little in assets but then there is still the stigma regarding that for some people, how you are forever listed in the London Gazette and how some newspapers are back to publishing the details. Is this culture of being ashamed of debt stopping some people from choosing the right option?

    Wisdom comes from experience. Experience is often a result of lack of wisdom.
  • UpToMyNeckInIt
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    ...all true, and it is easy how some people are put-off IVA's by the 'too good to be true' marketing.

    I also understand the 'stigma' that some people feel as well about insolvency generally.

    Not wanting to make light of the subject of bankruptcy specifically: But I never figured out what the big deal was regarding being listed in 'The London Gazette'. After all: Who actually reads it?

    IVA or BR - we are all on the publicly available 'insolvency Register' anyway - and I can't say any of my friends/family read that either.

    If they said my details would be printed on page 3 of The Sun, I'd be a little more concerned!!!
  • Find_The_Real
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    Well I suppose the point I was trying to make rather badly is that some people are very ashamed at being in debt, don't even tell close friends and family and may be put off by details being published in a number of places should anyone care to have a nose for whatever reason by going for either an IVA or Bankruptcy.

    Wisdom comes from experience. Experience is often a result of lack of wisdom.
  • Depth_Charge
    Depth_Charge Posts: 970 Forumite
    First Post
    edited 12 November 2013 at 6:52PM
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    Hi

    A number of very capable and interesting posts.

    One area in bankruptcy that I and others feel is unfair and actually needs looking at again is that of motor cars & vehicles.

    The idea is to give someone a fresh start, so those who need a reliable vehicle for employment and / or other essential travel need a reliable vehicle that will last the bankruptcy and any IPA / IPO period.

    The costs of maintenance, repairs and servicing are high so what is the point of penalising someone who needs a reliable vehicle with such a low value asset acceptance, it does not make sense especially if someone has an IPA and asks for a review due to the high costs.

    PS - people should be aware that the O/R can be challenged and requests for reviews are allowed.

    As far as the Stepchange allowances are concerned, well they are not the law and just inputting information & expenditure figures in their Debt Remedy tool for purposes of being advised what debt solution to pursue (in 20 minutes I think it has been claimed) is open to serious debate in my opinion.

    My opinions that are open to be challenged by anyone including Stepchange!

    I will gladly demonstrate and elaborate if necessary, no problem

    DC
  • Find_The_Real
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    I totally agree DC that the debt remedy tool should be made much more clearer it as a very rough guide and should be treated as such. Although it does have it uses for people who are perhaps nervous about speaking to someone in person about their debts in order to get an idea of their options. This after all the internet age where most things are there at a click of a button.

    I do agree that there should be more consideration for costs associated with owning a vehicle. With job opportunities as they are, more people are having to travel and to rely on public transport is not always practical. My heap of a car is actually worth the value and (touch wood) is relatively cheap to run but only because it had pretty much had just about everything replaced before I went into an IVA, if it was at that stage now there is no way I would be able to afford to keep it on the road.

    So considering that IVA's tend to be more generous in the value of the car as they seem to understand the concept that in a lot of cases there is no need to review the monthly payments due to less repairs, the same criteria should also apply in bankruptcy.

    I presume however that the Daily Mail middle classes would be in uproar should a bankrupt be allowed to have a decent reliable car and so this is perhaps why they are so strict on this. It would seem in this day and age public opinion rather than common sense seems to be the norm.

    Wisdom comes from experience. Experience is often a result of lack of wisdom.
  • Depth_Charge
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    I totally agree DC that the debt remedy tool should be made much more clearer it as a very rough guide and should be treated as such. Although it does have it uses for people who are perhaps nervous about speaking to someone in person about their debts in order to get an idea of their options. This after all the internet age where most things are there at a click of a button.

    I do agree that there should be more consideration for costs associated with owning a vehicle. With job opportunities as they are, more people are having to travel and to rely on public transport is not always practical. My heap of a car is actually worth the value and (touch wood) is relatively cheap to run but only because it had pretty much had just about everything replaced before I went into an IVA, if it was at that stage now there is no way I would be able to afford to keep it on the road.

    So considering that IVA's tend to be more generous in the value of the car as they seem to understand the concept that in a lot of cases there is no need to review the monthly payments due to less repairs, the same criteria should also apply in bankruptcy.

    I presume however that the Daily Mail middle classes would be in uproar should a bankrupt be allowed to have a decent reliable car and so this is perhaps why they are so strict on this. It would seem in this day and age public opinion rather than common sense seems to be the norm.

    Hi

    Another very capable, good and interesting post.

    You cannot seriously advise someone on what solution is best or to pursue by just inputting information and based on expenditure figures that may not be in line with the industry accepted guidelines (20 minutes apparently)

    Not everyone understands debt advice when they input this information, there are vulnerable people also.

    Any debt solution has to be sustainable, affordable and sensible budgeting is paramount.

    You must be given full advice on all options available based on your full circumstances, anything less is absolute nonsense and undermines debt advice in general.

    The powers that be are looking for a consistent approach to debt advice as it should be.

    How can you have an online debt tool that recommends a course of action when that person could clearly have other options.

    I can elaborate and demonstrate if necessary, no problem

    Like I have said, all comments welcome and that applies to Stepchange on what is now becoming a bit of a farce in my opinion.

    I am not going there on the middle classes bit:)

    These are my opinions and I fully stand by them



    .
  • Depth_Charge
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    Hi

    Following on

    Below is a link to the April 2012 I/S Bankruptcy guideline expenditure allowance tables -

    http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch25-36/Chapter31/part7/Annex%20D.htm

    Maybe compare these with the Stepchange figures, in particular look at the clothing and footwear allowances.

    The I/S figures are not the law either and can be challenged depending on circumstances.

    There is also the Common Financial Statement figures that are industry recognised and acceptable for Debt Relief Orders (I cannot put these up due to the rules)

    We keep hearing that the Stepchange figures are used in IVAs, do you see the potential contradictions?

    It would appear sometimes that the Stepchange figures suit the IVA people and on other occasions Stepchange get criticised for being creditor sponsored.

    Stepchange are almost 100% funded by the creditor I understand and the majority of their revenue comes from money they receive for their Debt Management Plans.

    Make your own minds up

    My opinions and views with comments very welcome

    The subject is not going away and the challenges are coming

    DC
  • UpToMyNeckInIt
    UpToMyNeckInIt Posts: 884 Forumite
    First Anniversary Combo Breaker
    edited 13 November 2013 at 2:21PM
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    Hi DC & FTR,

    Some really useful information in these last few posts.

    Totally agree that expecting £1000 worth of car to last for the duration of bankruptcy is not realistic in most cases, and this really should be reviewed. Sadly I suspect that there is no political will to do so.

    DC You should post those excellent links regarding the various allowances, on the 'Bankruptcy and Living With It ' board as well.

    Will get back to you in due course when I have a chance to compare them with the Stepchange guidelines. Any serious discrepancies perhaps merit further discussion.

    You could be areal star and put up a link to the latest Stepchange guideline as well of course!!!

    Yes, for those of us who seemingly have to have our expenditures 'dictated' by these same 'guidelines', it is slightly irritating that there is one rule for iva's and another for bankruptcy. But this in turn is determined by the creditors, and explicit adherence to the same required in the protocol.

    The irony of ultimately having your expenditures dictated by a creditor-funded organization is not lost on me. Hence why I max-out my allowance claims where possible to ensure I have enough to get by reasonably well.
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