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 What can I include in my expenditures ?
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dawnlougib
Starting Member

United Kingdom
41 Posts

Posted - 08 January 2013 :  23:55:42  Show Profile  Reply with Quote
I have now missed 2 payments on my iva and have a date at the county court for my bankruptcy hearing.I have now found out that because i have a surplus left after all my expenditures that this can be taken to be paid to my creditors even though my sole income is benefits. What i wanted to know is what can i include in my expenditures. Can i include saving for holiday etc and also how can i calculate what my childrens disability allowence goes on when it changes and they have new groups etc starting after the court hearing.

Niobe
Administrator



United Kingdom
4590 Posts

Posted - 09 January 2013 :  11:20:15  Show Profile  Reply with Quote
Hi,

You are allowed to save a small amount for a holiday but no idea about whether the benefits will be used for an IPA or how to calculate the disability allowance.

Hopefully Viki will be along to advise later.
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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 09 January 2013 :  12:56:24  Show Profile  Reply with Quote
Hi dawn,

Has your IVA officially failed? You can not go to court for bankruptcy unless it has and you have proof.

If your income is solely from benefits then you won't get an IPA.



Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 09 January 2013 :  13:54:22  Show Profile  Reply with Quote
Even if you have a surplus after the usual bills have been paid?
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dawnlougib
Starting Member

United Kingdom
41 Posts

Posted - 09 January 2013 :  13:54:56  Show Profile  Reply with Quote
Was told by the county court that they didn't need letter of termination.
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 09 January 2013 :  13:56:55  Show Profile  Reply with Quote
You may be ok Dawn - you could try asking your IP company to give you a letter just in case.

When is your court date?
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dawnlougib
Starting Member

United Kingdom
41 Posts

Posted - 09 January 2013 :  14:07:31  Show Profile  Reply with Quote
In 2 weeks time.
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dawnlougib
Starting Member

United Kingdom
41 Posts

Posted - 09 January 2013 :  14:09:18  Show Profile  Reply with Quote
Have missed 2 payments so hasn't failed yet.
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 09 January 2013 :  14:14:32  Show Profile  Reply with Quote
If the court are happy then you should be ok. I know I've read of some on here who have been able to go BR without a termination letter but it may be worth getting one if you can just in case.
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dawnlougib
Starting Member

United Kingdom
41 Posts

Posted - 09 January 2013 :  14:38:31  Show Profile  Reply with Quote
Just spoke to company dealing with iva and i asked them about it and they said it is down to the judge and the court.
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 09 January 2013 :  15:47:56  Show Profile  Reply with Quote
Just make doubly sure before you go.

I would have thought that the IVA company could have given you a termination letter before you go to court.
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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 09 January 2013 :  15:51:05  Show Profile  Reply with Quote
Hi Dawn,

If you have only missed two payments and your IVA has not failed yet, then you won't be able to declare bankruptcy.

You may not need the letter of termination for the court, but you need the IVA to formally fail.

Speak to your insolvency practitioner and ask when this will happen.



Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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dawnlougib
Starting Member

United Kingdom
41 Posts

Posted - 09 January 2013 :  16:27:44  Show Profile  Reply with Quote
Spoke to iva company and they said will be in breach at end of feb. Spoke to the county court and they said that they wont turn me away if haven't got letter of termination. Iva company said when i asked about making myself bankrupt they said that it would be up to the court if i could go ahead with it whilst still in the iva
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dawnlougib
Starting Member

United Kingdom
41 Posts

Posted - 09 January 2013 :  16:32:45  Show Profile  Reply with Quote
The iva is interlocking with my ex partner and they cant seperate it and i cant make the payments to keep it going and he wont continue to make his payments and hasnt since january
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 09 January 2013 :  17:41:28  Show Profile  Reply with Quote
If it is interlocking then they can separate it. It is only the payment that remains joint.
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Viki.W
forum expert



United Kingdom
2211 Posts

Posted - 09 January 2013 :  18:07:06  Show Profile  Reply with Quote
Sounds like bankruptcy is the best option now Dawn. Let us know how you get on.


Viki Warbrooke
Vincent Bond & Co
If you would like free advice on all options available and help with your bankruptcy petition please contact me at http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
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