| T O P I C R E V I E W |
| simonshoot5 |
Posted - 26 June 2010 : 07:05:50
Hi all i have got my court date on tuesday im si so worried. im Just wondering how often do people get turned down and what are the reasons. thank you all |
| 15 L A T E S T R E P L I E S (Newest First) |
| debtinfo |
Posted - 28 June 2010 : 18:50:25
glad you got it sorted, worth the phone call rather than being turned away on the day |
| simonshoot5 |
Posted - 28 June 2010 : 18:48:24
Hi all. Spoke with the court today. they would not accept me without my faild iva papers. So i rang my iva supervisor and he has cancled my iva and in 10-14 days i will have the failed papers. Got a new court date of the 13 july. hope it all goes well and they will accept me. Thanks to every 1 posting on here it has been so so helpfull. |
| Daniel Griffiths |
Posted - 27 June 2010 : 22:42:26
Simon
You cannot lose your £600, if you use what you have learned of this site you now have enough information to deal with this, if need be and they do tell you that you cannot petition ask them about the procedure at Birmingham County Court the staff regulary talk to each other they are neighbouring courts Birmingham takes their bankruptcy cases when they are too busy, I think you will find Stourbridge are aware of the procedure which will allow you to file voluntary bankruptcy while the IVA is in force. |
| simonshoot5 |
Posted - 27 June 2010 : 21:13:25
Yes definately want it all to end. Just getting a little confused as getting loads of different advice from people on here. Im just worried about going Tuesday and paying them £600 for them to tell me I cant go bankrupt until I have received my certificate of failure for my IVA. I cant afford to pay another £600 if it doesnt go through the first time. |
| Daniel Griffiths |
Posted - 27 June 2010 : 21:03:22
when in an IVA agreement you normally have to attened the same court which approved the IVA to go bankrupt, I would still go to Stourbridge on Tuesday, and see what happens, they may call Dudley or Birmingham Court for advice however whether its Dudley or Stourbridge its still the same OR office in Birmingham, if they tell you they cannot hear the petition you can still tell them the procedure at Birmingham Court who adopt the correct format for the granting of bankruptcy of people in a current IVA agreement.
Personally though what is the hurry you have protection in the IVA from creditors until it fails if you waited for this you would not have the bother however I accept that some people just want it all to end and the clock to start ticking for discharge |
| simonshoot5 |
Posted - 27 June 2010 : 20:49:16
No haven't moved. Didn't tell them as didnt realise I needed to until coming on here and talking to people who have said I cant go bankrupt until I have received my certficate of failure for my IVA. |
| Daniel Griffiths |
Posted - 27 June 2010 : 20:44:03
Did you tell them you were in a current IVA which was done at Dudley County Court, have you moved since the IVA was done? |
| simonshoot5 |
Posted - 27 June 2010 : 20:42:26
Well my IVA was done at Dudley County Court but when I rang them to book an appointment about going bankrupt they said due to where I live I needed to go to Stourbridge. Im confused now. |
| Daniel Griffiths |
Posted - 27 June 2010 : 20:30:58
Hi Simon
Are you sure you should attend Stourbridge court anyway you have to attened the court where your IVA was done, |
| Daniel Griffiths |
Posted - 27 June 2010 : 20:15:52
Simon
This court will require the termination certificate to have the order granted on the day, however you can still go there, the clerk there is new I have not conducted a live IVA there, but tell them you believe its the same procedure as Birmingham County Court which is the same office, same OR and that you have been told the case will need to be listed under the same procedure, thats of course unless they already have this procedure in place which is possible, many clients in the Stourbridge area petition at Birmingham anyway due to the size of Stourbridge Court doing only about eight a week where Birmingham currently does twelve a day, you cannot lose your £600. |
| simonshoot5 |
Posted - 27 June 2010 : 20:04:10
So your advice would be to contact the court tomorrow and see what their procedure is for those on an IVA? I should be attending Stourbridge County Court (West Midlands). |
| Daniel Griffiths |
Posted - 27 June 2010 : 19:29:42
Hi Simon
Whether the court or I should say Judge hears the petition depends on the Judge sitting on the day, Some Judges will allow you to go bankrupt others state you have to have your termination letter to have the order granted, if you can advise which court you are attending I may be able to help but its better to call them and ask the clerk what is their procedure in a current IVA.
The correct procedure which alot of Judges even are not aware is that the court can accept your application take your fees and list the case for a hearing in about 21 days time. Rule 6.42 (2A) of the Insolvency rules state that the court then writes to the supervisor in the IVA telling them there is a bankruptcy hearing giving them a clear 14 days notice to which you then return to court and have the order granted which will be well before any of your creditors know the IVA has failed. This means going to court twice but the time spent their is nearly the same as once, however as I say not all courts or Judges know this rule and I have many a time had to send in a letter to the court advising that my client has a right to have his petition heard under this rule which has always produced the correct response |
| Richard P |
Posted - 27 June 2010 : 19:27:13
simon my last entry was a bit short
when an iva has failed the creditors take a few weeks / months to get organised, they will initially try to help you get back on the IVA. so do not panic about people at your front door yet.
Yes BR is probably going to happen to you and it may well be the right course of action.
just because you cannot run with the court date next week, it does not mean that you cannot declare bankrupt. the process has to run correctly.
speak to the IVA provider and see if they will assist with your bankruptcy, if not as Housing suggests call one of the specialist firms that advertise on the forum, you will find a wealth of experience.
if you go to court on tuesday the judge or clerk will not allow you petition and you will have waisted the £600.
speak to them in advance and reschedule the date, as soon as you get the certificate you can apply for bankruptcy.
i note that you state that you are not working also ask the court about £150 reduction in fees ask if you qualify#
which court are you planning to petition at ? when you have a new date i am sure if you post on here someone will be able to assist with local procedures
check this link may help you with local courts http://www.revivauk.com/local-courts.aspx
good luck Richard |
| Housing |
Posted - 27 June 2010 : 17:29:29
Hi Simon,
I really think that you ought to speak to the court tomorrow - before the hearing as without a certificate of Failure on your IVA, I am certain you cannot petition for BR
Call Reviva or one of the other firms that post here
Richard
"There are no problems - only solutions" |
| simonshoot5 |
Posted - 27 June 2010 : 16:11:01
Someone please reply and help me out. Please |
