Posts Tagged ‘iva’

Payment Protection Insurance claims when in an IVA

Sunday, June 26th, 2011

A large number of profitable claims have already been undertaken and continue to be undertaken against financial institutions with regards to Payment Protection Insurance (PPI). Every client who believes that they might have been miss-sold a PPI policy is eligible to make a claim against the loan company and a lot of such persons already have garnered recompense from the offending financial institutions.

In the situation of a person entering into an Individual Voluntary Arrangement (IVA) where one or more finance companies supplied Payment protection insurance in the past, the borrower may make a claim for the purpose of compensation against any lender which miss-sold such a insurance policy. The fact that payment of the Payment protection insurance premiums could possibly have contributed to the borrower’s lack of ability to repay his or her liabilities and compelled the consumer to enter an IVA is not pertinent.

Should the individual have a PPI compensation claim in place prior to entering into an IVA, any type of reparation made while the Individual voluntary arrangement is up and running will undoubtedly be regarded as a windfall and any monies received all through the duration of the Individual voluntary arrangement must be given to the Individual voluntary arrangement for the advantage of loan providers. The terms and conditions of the IVA proposal can allow for the financial institution who is handing over the compensation, to counterbalance the disbursement against any debt outstanding to that creditor and then any excess of the payment that remains has to be deposited into the IVA for the benefit of the remaining creditors. The contribution of some or all of this type of windfall to the debtor’s IVA doesn’t imply that the consumer should be able to cease making the established regular contributions over the full timeframe of the IVA just as originally arranged. Nor can the person in debt decrease the amount of any other lump sum payment into the IVA that has been proposed and agreed upon originally, for example value in property. The compensation funds merely raise the level of the debts that financial institutions will have paid back to them.

If the borrower makes the claim for PPI compensation after the IVA has commenced, any compensation paid would be treated as a windfall in a similar manner. It is entirely the debtor’s decision whether to make any such claim during the life of the IVA. Indeed the debtor is legally entitled to defer making a PPI compensation claim until the IVA is completed and to then retain any award made, without being obliged to pay any creditors, since all debts will have been written off by that stage. However, the debtor would have to consider the possibility that the right to make a PPI compensation claim could lapse, due to the Statute of Limitations.

The treatment of PPI compensation claims, based on miss-selling of the policies, gives rise to considerable debate, as to whether all creditors are treated equally and fairly when the monies from a successful claim are distributed. To allow the ‘miss-selling’ creditor to offset the compensation against the debt before treating the available balance as a windfall for the benefit of all creditors seems to be the standard approach and the least unfair practice.

On the other hand, the supervisor of the IVA stands to gain by encouraging the debtor to pursue the PPI compensation claim, where the supervisor’s fees are based on realisations in the IVA. The greater the realisations, the greater the fee the supervisor may charge, if the supervisor’s agreed fee is based on a percentage of realisations.

The decision to proceed with the PPI compensation claim rests solely with the debtor and it would not be surprising if a debtor in this situation resisted any encouragement or pressure by the supervisor or indeed by creditors (to pursue the claim) until the IVA had run its course, in the expectation of being able to retain the full amount of compensation paid, when creditors would have lost all rights to a share in the proceeds. Whatever about the ethics of any decision to delay making a PPI compensation claim, the debtor is legally entitled to defer the matter until the IVA has been completed.

However, many debtors in IVAs may feel that they want to maximize the amount of their debt that they will repay to creditors and for that reason may want to pursue their PPI compensation claim forthwith and contribute any funds thus obtained to their IVAs. There is one other benefit which arises from doing this: if they run into trouble in making their monthly contributions to their IVA, due to loss of employment, ill health or other reasons, creditors may consider their PPI compensation lump sum payment to the IVA in a favourable light and deem the terms of the IVA to have been fulfilled, particularly where the originally promised dividend in the IVA has been achieved or exceeded. In such circumstances, creditors may agree to a reduction in the amount of the monthly payments to the IVA or even a reduction in the term of the IVA. On the other hand, if the debtor willfully delays making the PPI compensation claim, intending to defer that decision until the IVA has been completed, and if creditors are aware of the matter, then they might take a less lenient view of the debtor’s inability to adhere to the terms of the original IVA proposal and fail the IVA, knowing that they could pursue the debtor for payment of any outstanding debts in the future, when the PPI compensation claim will be made.

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How To Put A Stop To Your Spiraling Debts?

Monday, March 15th, 2010

If anyone could come across the reason as to why the debts are soaring sky high, the answer for that only lies with you. Well, it is better to be late than sorry; you could have ended up into this situation without knowing it, due to a lot of factors, which could have been out of your reach. There can be a variety of issues which could have ended you up in to this drastic situation. Some of them could be related to student loans, home mortgage, an emergency situation, divorce, or one of the prime reasons like losing your employment. But, even if you had either of these situations at hand, you must have realized at some point that your debt is constantly increasing as the days pass by. In a lot of situations, many people submit applications to apply for a loan, but by the time they realize that they actually did not require it so urgently, it is too late for them.

If you are one of those people who are not good money-managers, then it is very likely that you are hugely indebted. Car loans, house mortgages etc. are sometimes not affordable, yet people keep applying for them all the time. It is important to know how you are going to manage your loans with your current income. It is also important to take into consideration unforeseen events like joblessness, or illness, which can cause a blow to your income.

Credit card loans are a major cause of concern for many people these days. It seems so easy to swipe your credit cards, and get anything, and everything of this world. The hidden taxes, and the interest rates, coupled with late fee charges make the payable sum so huge that one does not know how to put a stop to his spiraling debt.

In order to fix this problem of increasing debt, you need to relax, take time out and revise your monetary state of affairs. You need to figure out the exact amount of money you need to disburse in debts, and how much money is left in your hand after subtracting all the related taxes. If you are lucky enough, you might have sufficient means to reimburse your outstanding dues. In any such state of affairs, you need to reorganize your spending habits and make out a policy plan in which you start paying back all the loans that you have acquired by any means. You can either pay them back one at a time or if you have sufficient amount of funds on hand, you can always pay back the whole amount in one go.

If you own a property, or you have savings or assets, be sure to sell them off in order to pay back your loans. If you cannot afford a car, or a big house, then let it be. The more you learn to cut down your expenses, the more quickly you will put a stop to your spiraling debts.

Get rid of all of your credit cards and just keep one with you. You will better be able to keep track of your expenses if you have one credit card. Get rid of the biggest loan in the first place and then look after the other ones.

If you are planning to get debt consolidation, formulate a prior arrangement with a professional, who can direct you through the procedure and give details to you on the obtainable options. On the other hand, keep in mind that debt consolidation does not decrease your debts; it merely reduces your monthly expenses. It, in fact, increases the life of your finance phase as well as the full amount that you have to reimburse.

Filing for bankruptcy appears to put a final stop to your ever-increasing debts, but the 7 long years of poor credit rating is not something that one can advise you.

You can take iva help and solutions to debt problems.

A Celebrity Chef and an IVA

Monday, March 15th, 2010

Debt problems aren’t just for the run of the mill everyday people on low incomes. No! In fact, it seems that even the famous are susceptible to money worries. Celebrity chef, Paul Rankin, was saved from bankruptcy by entering into an IVA.

Due to some large unpaid debts, he and his partner were sent bankruptcy papers and summoned to court. In the end the court was dismissed due to the fact the couple had agreed that they would take out an IVA rather than go bankrupt.

An IVA is a legally binding way of avoiding bankrupt, and is primarily there for those who do have money coming in and can make some sort of payments towards their large debts, but cannot make the full repayments that they need to. They enter into an agreement with their creditors to pay back a certain amount of money each month based on their earnings and outgoings, i.e. what they can actually afford. The monthly payment goes on for a set number of years.

Perhaps the most appealing thing about the IVA is that at the end of the agreed period of time, the debts are considered to be settled in full. This is a huge benefit to the debtor as it often means they have paid back less but have been able to settle nonetheless. It’s also a more appealing option than bankruptcy for the creditors, as through an IVA they at least get something back as opposed to bankruptcy which can see creditors stuck empty handed.

In order to be an IVA to be approved, creditors accounting for at least 75% of the total debt owed must agree to its terms. Even if the creditors who account for the other 25% do not agree, three quarters sees it approved.

James Robinson is an expert in the field of debt management and iva

What Is An IVA?

Friday, March 5th, 2010

An Individual Voluntary Arrangement (IVA) is an alternative for people looking to avoid bankruptcy; it is an agreement with the creditors of an individual looking to continue to pay their debts but, due to a change in financial circumstances, can no longer make the originally agreed repayments.

The circumstances of the individual’s are considered in making the agreement and are flexible based on a mix of capital, income and other payments. For an IVA to go ahead, creditors will make a decision via a vote which must see over 75% agreement.

Although not mutually exclusive, an IVA can be used as an alternative to bankruptcy. An individual can apply for an IVA which would require approval of a proposed IVA and a Court annulment of the bankruptcy order if they have filed for and been made bankrupt.

An IVA can have advantages and disadvantages depending on the situation of the individual debtor, professional advice is usually required to choose upon the best option. An IVA will not automatically limit the debtor from attaining credit but a proposal usually will.

Unlike with bankruptcy, an individual will not have to reveal anything about an IVA, but some lenders may ask. An IVA will not be viewed in the same light as bankruptcy by creditors as it shows a dedication to repayment, however the existence of an IVA in the first place generally suggests poor credit on behalf of the debtor and both will stay on the individual’s credit file for 6 years.

Once an IVA proposal has been agreed, a creditor is restricted by the decision and cannot take any enforcement action to recover the debt. In contrast to bankruptcy, an IVA proposal won’t often include the property of a debtor or in some cases the creditor may suggest a re-mortgage or offer a degree of income based contributions because of the debtor’s equitable interest in the property.

Do you have a problem with debt repayment, then visit The Debt Advisor to see if you could qualify for anIndividual Voluntary Agreement.

Excessiveness Is Avoidable By Keeping Five Reasons In Mind

Friday, March 5th, 2010

Some incidents in life change your view of thinking about particular things. Last year, a night before Christmas, a person met a young hawker dressed in scraps. His eyes were empty of the dazzling glow that children usually have in their eyes. Beside of an expression of hope and joy, the boy was an unspoken question. Unlike others, he was not singing carols, but he was silent in his prayer. Where other children where waiting for Santa to come, he was selling commodities from a massive bucket that he carried.

This short happening on my position of my holiday expenditure, and the finance I had planed to spend on Christmas. I felt as if I am responsible for the disappointment, and gloom of the child came along, and I returned home heavy heartedly without shopping. I took a pen and paper, and decided to write my aims today the ways thorough which excessive expenditure could be avoided.

Firstly, I felt as if my spending binge was the reason of the sorry state of affairs and underprivileged children such as that poor lad, and that somehow my over spending would add to their despair. These thoughts held in my mind.

Second, this state of disproportion leads to the start of most criminal activity. Just think this unfair disproportion can cause an upheaval against society resulting in mayhem, and chaos.

According to my point of view, the expenditure does not care for how much money you are carrying, and which class you belong to, various real life and fictional stories regarding to this can be read and heard. It can even cause you an economic failure.

They say that bad luck is just like an unwelcomed guest, if one starts to spend his/her wealth in a good manner, then surely his/her future is going to be different from what it is now. In future, I will not seek for financial help from others. If I will buy myself a life assurance policy, I will be glad that at least I have done something for my loved ones and they are going to live a normal life even if I die.

Lastly, my savings could contribute towards society, and perhaps benefit charity. It could be used towards schooling of the unfortunate, providing attention to those caught up in calamity, or restoration of well-being of peoples, victims of natural disasters like Tsunami or Earthquakes. This could be my contribution and help in fulfilling my duty as a pillar of society.

That one day, when I met the young lad, changed me forever, and taught me an invaluable lesson in simplicity. Today the bells of that Christmas gone by still ring in my ear. It was, the best holiday season I have ever had. Many thanks, young lad for saving me, and I ask you if you are ready to undergo the same?

You can take iva help and solutions to debt problems.

Debt Management For Kids?

Wednesday, March 3rd, 2010

In the UK we could certainly use a lesson in debt management, given that the total amount of personal debt is one and a half TRILLION pounds and in 2009, over 134,000 people became insolvent. This severely lacking personal finance sense is something that the Government is planning to try to resolve but not amongst the over 18s!

Nope, not for adults, but instead the Government has announced that money management classes and lessons in personal finance are to become a part of the National Curriculum, which means such lessons will be compulsory for kids in British schools from as young as five years old.

This has promoted a particularly positive response from debt advisory charities and groups who have been saying for years that this is essential. But of course there are also those against the decision, claiming that children of five (the age at which the lessons look set to start) are too young to be learning finance. However, if the lessons are made accessible for that age group and fun, then the long term benefits could be massive.

But what about the grown-ups, Gordon Brown? Are there to be no provisions of such “lessons” for the adults? It’s the 18 plus population that accounts for all the debt, yet there are no plans to offer anything on a large scale for the adults. Of course the Government wouldn’t be able to drag every single man and woman back to school for a compulsory lesson with the abacus, but surely a wise idea would be the introduction of large scale optional courses in money management, in the very least in the towns and cities with the highest rate of debt problems?

While one to one debt counselling sessions are widely available through the Government debt advice scheme, no large scale “classroom,” type of setup yet exists for adults. There is no denying that it would be a pricey scheme to set up. But would it really amount to as much as the cost of personal debt will be over the next twenty years? Probably not.

To learn about debt management in detail visit my recommended website

Debt Advice Demand And Spending Habits

Wednesday, March 3rd, 2010

According the news report, the free debt advice service provided by the British government is struggling to meet and increased demand for its services. In the 12 months to July 2009, there was a rise of 28% in demand for the free debt advice services it offers at nationwide agencies. This led to one in four of the agencies being forced to turn away a number of people or have debt ridden consumers wait more than a month to see someone.

So it’s clear there is a crisis here, but how much of that should we blame on our own money management habits?

Quite a lot if you believe the figures. Our combined personal debt in the UK is now 1.46 trillion and there are more credit cards in the country than there are people! And sure enough, with the rise in the availability of credit came a rise in the level of personal debts and consequently, personal insolvencies.

So there is no denying that personal credit availability and personal debt go hand in hand. But surely credit in itself would be no issue if we were able to manage our finances properly. Poor spending habits are thought to account for the majority of debt problems present among the UK population.

So essentially we send a generation out into the big wide world with untouched credit records ripe for tarnishing without giving them any idea of even the basics of money management. The Government is looking to set that right, however – better late than never! It has recently announced its plans to include money management lessons in the compulsory National Curriculm, meaning that kids from the age of five years, will soon be learning all about personal finance.

More recently, the Government has announced that money management lessons are to become a formal part of the National Curriculum, meaning that children as young as five years old will be learning the skills of money management at school. Perhaps this will means that twenty years from now we see a notable improvement in personal debt levels – we will see!

To get a good debt advice in detail visit the recommended site

Reducing Living Expenses In 5 Ways

Tuesday, March 2nd, 2010

In order to maintain a certain lifestyle, and standard of living, you have a list of expenses to tackle with, known as the living expenses. Your living expenses include a variety of thing from primary necessities such as food, shelter, clothing, and education to luxuries such as home, car, facilities, and entertainment. Living expenses are not the same for two individuals; they are dependent on a number of factors such as your spending power, location, standard of living, and preferences. As, your way of living is the outcome of your behaviours, habits, and styles, therefore, it is not very easy to keep changing your lifestyle. Today in the inflationary environment, living expenses have certainly increased double fold. Companies have realised this dichotomy in rising prices of primary necessities, and have tried to provide with increments, and increase in salaries, but the ratio of this increase is still low in comparison to inflation. People are finding it extremely hard to preserve, and sustain their lifestyle in this environment of high cost of living.

In order to sustain their lifestyles, people have started to work overtime, and some have even started spending their savings while a few others stopped spending on leisure activities. Even with these dramatic changes, people are still finding hard to guard against the rising prices and high living expenses in order to maintain their lifestyle. To avoid high living expenses actually, we should all set a budget to start with. After doing so, we should prioritise the budgetary items according to their importance, and set a limit for each expense item. This way you will be able to spend on expenses most important to you saving you from additional costs. Following are some of the tips you can use to minimise your living expenses:

1. Minimise the use of power supplies. One can cut down the use of electricity, and gas in winters. One can lower the thermostats a few degrees, and use sweaters and warm clothes more, in order to stay comfortable. Plastic storm doors can be used to prevent the cold from coming in. Maximise the use of daylight, and spend some time in the sun. Opening blinds in the day time will keep the room warms. Similarly, in summers, one should keep the blinds closed at daytime. Do not waste water. Instead of using bathtubs, use shower for bathing.

2. We all tend to keep our electronics on standby mode instead of shutting them down; therefore, we need to keep our electronics entirely switched off. We should use power saving bulbs, electronics, and appliance in order to avoid high living expense. We should invest more in electric, and energy efficient products, and equipments.

3. Regarding food, prepare only what you will consume completely. Pre-cooked or pre-prepared food costs more than the ingredients they are made of. Avoid restaurants when you can. Give some small scale farming a try by growing your own produce, or some of it. Biggest cut you can make here is by lowering your alcohol, and cigarette intake.

4. Limit your shopping list – buy clothes you really desire to have. You can delay your shopping during seasons in which there are lots of offers, sales, and bargains. You can even get your clothes stitched by buying a variety of clothing material. You can even redesign your old wardrobe. Branded clothes are expensive, so it is best to buy quality stuff from unbranded stores. Outlet malls give you high discounted offers; do visit them when planning a shopping spree.

5. Use public transport more when travelling. Regularly check, and maintain your vehicle. Use public library more instead of buying expensive books. One should attend the free community events

In order to cut down on cash outflow, going with the lowest in costs will not necessarily work. This is achieved by investing in long lasting items. You will come out smelling roses if you try the above advice.

You can take iva help and solutions to debt problems.

Debt Starts at Age 42

Monday, March 1st, 2010

An IVA is arranged through an Insolvency Practitioner. It is a legally binding contract between an individual and their creditors that leads to being debt free within five years. You agree to pay a monthly sum that is affordable to you based on your income and expenditure.

Once the proposal has been accepted by the creditors, the funds paid in are distributed by the IP in accordance with the terms of the IVA. At the end of the arrangement, and following successful completion, any outstanding debt owed to the unsecured creditors will be cleared in accordance with the arrangement.

The cycle of debt is broken when you enter into an IVA as all interest and charges are frozen.

42 is the average age for people using IVAs.

According to RSMTenon Debt Solutions a business specialising in personal finance, men in their forties are most likely to use IVAs. They estimate that men aged 40 – 45 made up about 28% of personal insolvencies in 2008.

London and the South East has 25% of IVA cases in the UK and is top of the league followed by the Midlands and the North West with 18.5% and 15.5% respectively.

RSMTenon have analysed more than 600 IVA cases through 2008. This shows that when it comes to repaying their debts men are 10% more likely to struggle than women.

The average amount an IVA is taken out for is a worryingly high 44,700. Such an agreement would last for five years.

As people get into their forties, increased wages are offset by an inproportional increase in expenses such as more children, school fees and higher household bills. Such additional outgoings add to any existing debt and make it easy to lose track.

In the current environment, it is vital that people take responsibility and act sensibly in relation to their finances. RSMTenon have found in recent cases that half have at least one store card. These cards charge some of the highest interest rates around and interest can accumulate quickly in a short period of time.

Visit RSMTenon’s IVA Debt Consolidation page for more information.

Debt Management Starts At Home

Monday, March 1st, 2010

The term, ‘debt management’ often invokes thoughts of arranged debt solutions and lots of discussions with creditors and debt counsellors. But effective debt management actually starts at home.

As soon as you realise that you have a debt problem, that is to say that you’re unable to balance your repayments with the money that you bring in each month, you should be thinking about taking a close look at your finances. This is where DIY debt management comes in.

The first thing you should do is to write down everything you’re earning and spending in brutally honest detail. Make a note of everything you earn from every source of income and then separately note your essential expenses. Take out all luxury items or things you don’t actually need and leave this list at only the things you have to pay each month.

If you expenses exceed your income, you need to address the issue immediately. Start by prioritising your debts. Do so by establishing the seriousness of the consequences should you fail to meet the payment. A fine example of a high priority debt is a mortgage. The reason we say this is because if you fail to pay it, your home is at risk.

The next thing to weigh up is whether your shortfall is going to be long term. For some people, a negative difference between income and outgoings might only be a temporary thing, for example if your working hours have been shortened for a month or two but will return to normal soon. If it’s a short term thing, putting in a call to companies to whom you owe some of your lower priority payments to explain your situation might mean you can get a reduced repayment until your finances return to normal. The important thing to do is to bear in mind that ignoring the issue won’t help. Your creditors would much prefer to know what’s happening than to have to chase you!

If, however, your shortfall between income and outgoings is likely to be a long term thing, you may be well advised at this stage to seek professional advice about your own personal circumstances.

To learn about debt management in detail visit my recommended website