Hi Just wondering if there is any possibility i wont be accepted for br. i was on a iva but it has failed just waiting for the certificate to cone through.
I assisted someone go through their BR petition on Friday of last week (2nd). That person was in a "failed" IVA and there was no questions asked - in point of fact the petitioner did not see the DJ.
I imagine that if you have first tried an IVA and not been able to sustaon the payments, then BR is the only route and in some cases you would be put to BR by the IVA provider. I assume that you have not been reckless and therfore I am sure you will be OK - why not call Paul or Ken at Reviva UK? I am sure they will assist you.
what does being reckless entail and what does the OR look at?
I presume it means applying for extra credit when you know your planning to go bankrupt? what do they look for?
I have always applied for 0% creditcards and swopped balances around trying to get my debts down but I haven't been able to this last three months or so. Is this classed as reckless??
If you have tried the IVA and failed, then BR is the best way to go
Good luck and as I said, maybe speak to reviva at the left hand of the page with the other experts.
Richard
quote:Originally posted by carl
what does being reckless entail and what does the OR look at?
I presume it means applying for extra credit when you know your planning to go bankrupt? what do they look for?
I have always applied for 0% creditcards and swopped balances around trying to get my debts down but I haven't been able to this last three months or so. Is this classed as reckless??
If you have been in an IVA and have the failure certificate then there won't be any reason to not to be declared BR. Normally the only reasons for not being declared BR are:
- You aren't insolvent - You don't have the BR fee - Issues with your COMI (Centre of Main Interest). If you reside in an EU country outside England/Wales then you need to declare BR in that country rather than England/Wales.
The OR will look at the reasons you became insolvent and what you have done to try to resolve the situation. Having tried an IVA will be looked at as a big positive by the OR so you shouldn't have anything to worry about.