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T O P I C    R E V I E W
downbutnotout Posted - 30 September 2008 : 17:01:56
i am presently in an iva but this has become untenable due to divorce,
have applied to go br on 6th november, do i have to have cancelled my iva and have written evidence of the cancellation or can i cancel after br starts, if i have to cancel can my creditors chase me until my br starts?

thanks in advance
6   L A T E S T    R E P L I E S    (Newest First)
Nat Posted - 06 October 2008 : 06:25:13
Hi there
Just thought i'd add I was in an IVA i got my certificate of cancellation through quite quickly. Nobody asked to see it at the court and that was the only reason why i waited a bit longer. I did send it to the OR just in case but it was never requested. Might be worth you phoning the court first to find out if you definitely need it. Can't see how the OR could turn you away though as it's the court that makes you BR and you can't turn the clock back.
Best to check though,all the best
Nat
x
scared2death Posted - 05 October 2008 : 19:06:02
Hi,

We are going br on the 10th. we have informed our iva of this and awaiting the certificate/letter to take with us. As far as I know, if you don't have this, then the OR will turn you away.

hope this helps,

s2d
got there Posted - 30 September 2008 : 18:21:56
i got my letter from Payplan failing my IVA on the 17 September saying they would be advising creditors of my intention to declare BR on the 17 Oct, thus far not heard a peep out of anyone, and are 2 weeks away lol. Hope this helps.
downbutnotout Posted - 30 September 2008 : 17:59:15
thanks for your replies

if i cancel my iva now to obtain this certificate what protection if any have i from my creditors until
i go br or how long does it normally take for a creditor to get to court?
JulianDonnelly Posted - 30 September 2008 : 17:40:59
Hi Downbutnotout and welcome to the forum.

Most courts will insist on either a Certificate of Failure or a letter from your IP/IVA company confirming the IVA has failed before they would process a BR application.

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
BankruptC Posted - 30 September 2008 : 17:07:49
Hi downbutnotout (love the name!)

First of all welcome to the forum! :-)

There have been several posts about this and if you do a search, you may find the info you need. Below is a link to a recent post covering some of the things you ask.

http://www.bankruptcyhelp.org.uk/forum/topic.asp?TOPIC_ID=3123&SearchTerms=certificate,fail

If you still have more questions, post again and I'm sure some of the other experts can help you further (I don't have any experience of IVA's sorry).

Take care and keep posting! :-)

C. x

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