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simonshoot5
New Member
United Kingdom
52 Posts |
 Posted - 26 June 2010 : 07:05:50
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| 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 |
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debtinfo
forum expert
2826 Posts |
Posted - 26 June 2010 : 07:53:38
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| almost never, but some reasons are, if you have not taken any advice, if you are not insolvent, or if having been in an IVA you have not received a notice of failure |
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simonshoot5
New Member
United Kingdom
52 Posts |
Posted - 26 June 2010 : 11:51:59
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| Oh right ok. well my iva company said that if i dont pay the full ammount this month i will fail. the other thing i was wondering about is what happens if my creditors contact me because i have not paid them this month do i just tell them i am in the process of going bankrupt. |
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debtinfo
forum expert
2826 Posts |
Posted - 26 June 2010 : 11:56:20
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They should not contact you until the IVA has officially failed, after that you just need t put them off until the bankruptcy, whatever you tell them they will probably still keep calling
As i said in the first post make sure that you get a failure notice from the supervisor as the judge may ask for it |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 26 June 2010 : 18:44:37
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Hi Simon
you will not be able to declare Br until you have the certificate of failure
Richard |
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simonshoot5
New Member
United Kingdom
52 Posts |
Posted - 26 June 2010 : 18:59:29
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| Well I am due to pay my IVA Tuesday but Im not going to have the funds to pay it as Ive also lost my job. That's why I am going to court Tuesday to hand my papers in to declare myself bankrupt as I know that I will have creditors chasing me as I haven't paid my IVA fully for nearly 3 months. If I cancel my appointment at court for Tuesday I won't be able to get another appointment for at least another 2 weeks and I really want to get this sorted now as it is making me ill. No-one ever said that I couldn't go bankrupt if I was on an IVA and that I had to wait for it to fail first, Im confused as to what to do now. Can I not just go to court Tuesday as the IVA company have already threatened to fail me if I don't make a payment Tuesday and I won't be so...... |
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Dez
New Member
United Kingdom
87 Posts |
Posted - 26 June 2010 : 19:06:28
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| Hi Simonshoot5 Don't worry I was feeling just like you when I went BR trust me there is nothing to worry about, just take on board the advice on here cos its really great help |
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simonshoot5
New Member
United Kingdom
52 Posts |
Posted - 26 June 2010 : 19:16:21
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| iKnow but im on a iva and they have not failed it yet. So im going to loose my £600 pounds and be worse off. Because they wont declare me bankrupt. I might aswell jump off a bridge now |
Edited by - simonshoot5 on 26 June 2010 19:21:54 |
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debtinfo
forum expert
2826 Posts |
Posted - 26 June 2010 : 21:03:12
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| You need to ring the court on monday morning and ask them if they will grant it without it being failed and if not if they can ajourn the hearing |
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simonshoot5
New Member
United Kingdom
52 Posts |
Posted - 27 June 2010 : 14:56:07
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| My IVA company told me that if I do not pay my IVA this month then they will fail me. I am not able to make a pyament as I have lost my job. I am due to go to court on Tuesday to hand my papers in to declare myself bankrupt. Do I just ring my IVA company tomorrow and tell them I am no longer able to pay my IVA and that I am going bankrupt or do I just go to court Tuesday and hand my papers in as I have explained in my statement that I am going to fail my IVA this month, I am just awaiting confirmation? Will the court except this? Will they just ask me to give a copy of a letter to my OR proving I have failed my IVA once I have received it? I dont want to go to court Tuesday and pay £600 for them to tell me I cant go bankrupt due to my IVA and then I have to go back in 12months and pay another £600. What exactly will happen when I go on Tuesday to hand my papers in and pay the £600. Please can anyone help? |
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simonshoot5
New Member
United Kingdom
52 Posts |
Posted - 27 June 2010 : 16:11:01
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| Someone please reply and help me out. Please |
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Housing
Senior Member
United Kingdom
1399 Posts |
Posted - 27 June 2010 : 17:29:29
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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" |
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Richard P
Senior Member
United Kingdom
1701 Posts |
Posted - 27 June 2010 : 19:27:13
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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 |
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Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 27 June 2010 : 19:29:42
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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 |
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simonshoot5
New Member
United Kingdom
52 Posts |
Posted - 27 June 2010 : 20:04:10
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| 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). |
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Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 27 June 2010 : 20:15:52
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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. |
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Hi all i have got my court date on tuesday
