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Viki.W
forum expert
United Kingdom
2211 Posts |
 Posted - 10 July 2014 : 07:30:29
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Hi Dawn,
I don't know all the details, but if he was going bankrupt, then yes he would stop paying his creditors. However, if he has not been given a court date for the bankruptcy, they are just threatening, then he might want to carry on making repayments if he can afford to, or at least speak to his creditors.
Has his IVA failed? If not, is his IP aware of what is going on?
If his IVA has failed, and HMRC do make him bankrupt, then he will receive paperwork from the court, and he will complete that with all his details regarding his other debts etc.
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 - 10 July 2014 : 08:15:04
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Have HMRC said they will issue a date after he cannot make the payment within 18 days? Have they categorically stated that they won't accept an offer of payment in instalments?
As Viki says it might be an idea to stop paying his creditors.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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dawnlougib
Starting Member
United Kingdom
41 Posts |
Posted - 11 July 2014 : 01:51:53
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| hi thank you for the replys. All I know is he recieved paperwork from solicitors saying that if he didnt make psyment of 13,000 in 18 days then they would proceed to make him bankrupt I don't know about whether they have given a date. His iva hasn't offically failed yet as far as i know but he stopped paying into it around 2 years ago and hasn't been in touch with them.All I know is the inland have said that the payments he has been making to them monthly are not enough. He hasnt really said alot to me as seperated but he asked me if I would find out about what will happen. |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 11 July 2014 : 08:14:33
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Get him to check his name on the Insolvency Register and if it is not there then his IVA will have failed as it almost certainly would have done as he stopped paying over two years ago.
If he has received letters from a solicitor then there is a good chance HMRC will make him bankrupt but at least that saves him having to find the money for the fees.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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dawnlougib
Starting Member
United Kingdom
41 Posts |
Posted - 11 July 2014 : 16:10:28
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hi his name is still on the insolvency register. Also the letter he received was from solicitors but didn't give date on court date just that he had 18 days to pay before they proceed with bankruptcy. Sorry if being a pain asking all these questions but I am just trying to work out whether or not I stop paying the accounts that are in his name but my address as am scared as what will happen if do this and then the bankruptcy doesn't go ahead.
Can he still be made bankrupt by inland revenue if iva hasn't failed yet? and if he stopped paying into it 2 years ago why would name still be on insolvency? Sorry to ask so many questions.
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Edited by - dawnlougib on 11 July 2014 20:13:34 |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 11 July 2014 : 20:12:41
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Don't worry about the questions, it's what we are here for.
He needs to speak to his original IP and get them to issue a failure notice.
Do not be scared as the accounts are in his name, not yours and they cannot come after you. All you need to do is say that he does not live there any more.
Do you still owe anything on those accounts?
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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dawnlougib
Starting Member
United Kingdom
41 Posts |
Posted - 11 July 2014 : 20:24:08
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| There is money owed on the accounts. I don't think he will contact the iva as he has avoided them since we seperated and left me to deal with all that (not sure why i'm trying to help him now)but he has asked me to help to see what will be done. Like I said as far as I know the solicitor letter doesn't say a court date so does that mean it is just a threat? and if doesn't get a failure letter from iva can it still go ahead? The company that took over the iva have said that his iva account has been frozen but that is all they have said as they took accounts from simple debt. Also how long after the 18 days are HMRC likely to go a head with it are they a place that can usually get this done straight away. Like I said in last message he has asked me to help him so sorry I don't know to much. |
Edited by - dawnlougib on 11 July 2014 20:24:40 |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 11 July 2014 : 22:34:23
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The debts are not in your name so you do not have to pay them.
He really needs to sort this out himself now and not involve you.
I don't know how long HMRC will take before doing a bankruptcy but they are known to do so.
There is not a lot that you can do for him, he needs to sort this himself.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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dawnlougib
Starting Member
United Kingdom
41 Posts |
Posted - 12 July 2014 : 22:37:06
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I know that he should do this himself but he did nothing about his iva when we separated and will prob do nothing about this himself.
It is just that I thought that he could not be made bankrupt if his iva hasn't failed and could they just be making threats but the letter was from solicitors.
Im asking aswell as if they are just threats and they don't make him bankrupt and I stop paying the ones in my address they they will go after him where he and partner live now when it hasn't been him using them. |
Edited by - dawnlougib on 12 July 2014 23:38:23 |
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Viki.W
forum expert
United Kingdom
2211 Posts |
Posted - 13 July 2014 : 05:30:37
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I think you should carry on making the repayments to the catalogue Dawn. Until you know that he's been bankrupt.
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 - 13 July 2014 : 07:33:04
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How much money is owed on the accounts? If it is a small amount then do you have a family member that could lend you the money to pay them off?
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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dawnlougib
Starting Member
United Kingdom
41 Posts |
Posted - 13 July 2014 : 14:51:05
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It is not a small amount but not a mass amount.I don't have anyone that can help me pay it off.
I have missed a payment on the one account as i thought that because he had been told they were going to make him bankrupt that was what was needed to be done, I didnt realise that it may be just a threat. Also i thought that it didnt look good if accounts were being paid but the amounts he was paying the inland revenue each month were according to them not enough. So I have had a letter to my address saying that needs to be paid immediately and the next payment a week later.
I must of got it wrong as I know that if making yourself bankrupt you stop paying but not sure when it comes to someone else doing it, also didnt think the HRMC would just make threats thought thety were a company that when said it would do it |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 13 July 2014 : 15:02:48
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Whoever makes you bankrupt, all debts are taken into account and it doesn't really matter whether or not you continue paying. If you can manage it then do so but they will have to stop if he is made bankrupt.
HMRC are known to follow through with their threats.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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dawnlougib
Starting Member
United Kingdom
41 Posts |
Posted - 13 July 2014 : 15:17:35
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| I just worry that they will find where he is living now and send letters etc there. I don't even know where he lives but if he has other credit in his address where he is now then they will be able to trace him won't they? I only used the catalogues as he was giving me nothing for his 3 children and not seeing them so thats why he agreed to this as he knew that I would make the payments and he wouldn't have to give me anything but I realised that wasn't right so stopped using them and am now trying to pay them off. He has only been in touch about this on phone by txt so only know what he is saying. |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 13 July 2014 : 15:24:44
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The letters should go there - his IVA/BR is nothing to do with you. They will be able to trace him as HMRC obviously know where he lives.
Have you contacted CSA to get payments from him? He should be paying towards his kids.
The friend in my adversity I shall always cherish most. I can better trust those who helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. – Ulysses S. Grant
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my ex going bankrupt
