| T O P I C R E V I E W |
| Overspent |
Posted - 14 July 2009 : 19:08:17
We still do not have this and go bankrupt on 20 July. We have the letter and notice of breach and have been advised by the manager of our IVA IP that this would be sufficient (I requested the failure certificate a month ago!!!..........anyone else experienced Bankruptcy due to failure of IVA? Will we be okay with the letter of breach?
xx |
| 15 L A T E S T R E P L I E S (Newest First) |
| Niobe |
Posted - 16 July 2009 : 23:04:21
Good luck Overspent - I hope it all goes ok on Monday.
The glimmer gets brighter all the time
Jan
xx |
| Angela Rosler |
Posted - 16 July 2009 : 21:51:46
No problem Overspent.
IVAs are a particulary good way to deal with debt; I'm very sorry that yet again, outside influences have affected your situation.
I'm seeing increasingly more people now in similar circumstances and for many of them, BR is certainly the answer.
I look forward to hearing your news on Monday!
Very kind regards
Angela Rosler
Debt Counsellor
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| Overspent |
Posted - 16 July 2009 : 21:37:54
:-) Thank everyone for listening to me go on and on and advising me. Feel so much more positive tonight thanks to you all and to Melanie. Monday cannot come quick enough now.
xx |
| Reviva UK |
Posted - 16 July 2009 : 21:16:10
The court just need to know that the IVA rout has been properly considered and that you are doing the right thing.
They will definately accept the letter from Melanie confirming that the IVA has concluded due to a substantial change in circumstances.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
| Niobe |
Posted - 16 July 2009 : 20:26:18
Melanie knows that it was unforseen, and I am sure there are a lot of people in the same situation as you in this recession.
Good luck with your BR.
The glimmer gets brighter all the time
Jan
xx |
| Overspent |
Posted - 16 July 2009 : 19:59:41
Hi Jan
Exactly, I have every faith in Melanie, just feel guilty that she is still having to do stuff for us when we've paid virtually nothing into IVA because of job loss.
xx |
| Niobe |
Posted - 16 July 2009 : 19:55:32
If Melanie is your IP, then you can rest assured that the letter will arrive tomorrow as promised.
The glimmer gets brighter all the time
Jan
xx |
| Overspent |
Posted - 16 July 2009 : 19:41:19
Thank you Angela.. The letter from my supervisor is being emailed to me because of potential postal strike,..hopefully I'll get it tomorrow..will take that with us and the letters of breach.
We had an iva for £630 per month, but I lost my job soon after agreement. Managed to get a job 6 months later but on several grand less and unstable but had to take it. it meant that our surplus income had reduced to the extent that it made the iva unfeasible. Plus lost the unstable job after 4 months anyway. I've just started a new job after a couple of months unemployed but unfortunately on a couple of grand less again.........we tried to do the right thing with the IVA, we were definitely very very well advised, our IVA company and supervisor are probably one of the most popular, respected and recommended ones on the IVA forum.... and if we were to do it all over again, would still go with Melanie Giles and her team........hoping Nottingham know of her and realise that everything was done properly......not long to go, will be glad when monday morning is over.
Thank you again
xxxx |
| Niobe |
Posted - 16 July 2009 : 19:37:35
Other posters on here have gone to court with just a letter from the IVA company confirming that they have failed the IVA.
Phone your IP company tomorrow and ask where the letter is, and then phone the court to see if this letter is going to be enough for them.
The glimmer gets brighter all the time
Jan
xx |
| Angela Rosler |
Posted - 16 July 2009 : 19:04:01
Hi Overspent
Sorry you're having such a hard time. Rules and regulations are drawn up in order to try to bring about the most equitable outcome but unfortunately, some things become over complicated for many reasons. On the day of your BR hearing the Judge needs to consider your application and apply the law - there is nothing in the Insolvency Act or Rules demanding the existance of a Certificate of Failure/Termination, but the Judge will - quite rightly - want to make sure that you have not been mis-advised and acting outside of your best interests.
Take as much evidence with you as possible to demonstrate why it is appropriate to make the BR order. If possible write a letter to the Clerk of the Court for the Judge to consider explaining problems, breach and provide contact names of your Supervisor, IVA Administrator. Judges are very busy but it isn't unknown for a hearing to be suspended whilst a telephone call is made to confirm some details. It is probably too late to send the letter to the Court now in time for the hearing, but if you bring the letter and 2 copies to the Court on the day and bring it to the Clerk's attention, it should make it to the file for the attention of the Judge. (3 copies are normally required for Applicant/Respondant and Court - hope this makes sense.)
Good luck - I'm sure everything will be fine.
Angela Rosler
Debt Counsellor
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| Overspent |
Posted - 16 July 2009 : 18:37:30
Hi daniel, let me get this right, I currently have a letter of breach for both me and my partner regarding IVA. My IVA supervisor is emailing me a scanned letter to confirm that our iva has failed. At the moment i do not have this, if I do get , will Nottingham accept this? if I do not get it, the letter of breach will mean we have to return a few weeks later ie we will not be bankrupt from monday 20th July?? If this is the case, how frustrating, we tried to do the right thing by doing an iva, but job loss has caused it to fail...not failed it for any other reason :-(
PS they never mentioned anything about returning in 3 weeks, just that they wouldn;t proceed without confirmation of failure.
x |
| Daniel Griffiths |
Posted - 15 July 2009 : 23:09:14
I have petitioned for clients at Nottingham County Court their procedure is strict to the letter they adhere to rule 6.42 (2A) however they must have told you that they will accept the application you will pay the fee and you have to return in three weeks to see the Judge to get it granted after they have written to the supervisor this rule has always been in force however it is only recently that courts or should I say Judges are adhereing to it some courts still dont bother. |
| Niobe |
Posted - 15 July 2009 : 20:39:18
That should be fine.
It's not actually a certificate as such, it's a letter of non compliance.
The glimmer gets brighter all the time
Jan
xx |
| Overspent |
Posted - 15 July 2009 : 19:38:56
Thank you out of debt..........I don't think there is and official certificate of failure to get. However, IP has rang me and she is going to email me a letter confirming it's failed...hope it's ok
xx |
| Overspent |
Posted - 15 July 2009 : 19:37:06
Hi Paul...it's Nottingham Court. I've just had a phone call from my IP, who has been really helpful and due to potential postal strike is going to scan and email confirmation that our IVA has failed. I'm not sure why Nottm will not take the breach confirmation documents.......starting to think Nottingham are tough. Hopefully they will accept a letter stating IVA has failed.
Xx |
