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bennieblueeyes
Junior Member
211 Posts |
 Posted - 13 September 2008 : 09:04:38
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| I have had an IVA for just under three years. At the time of taking it out I was told I would pay one affordable amount every month. three times I asked would I have to pay any more and was told no. I was requested to send in wage slips every three months. I did the first time and they requested more money from me. I had earned a few pounds overtime about £80.to pay for dental work. They told me if I earn even £10 more than my wages stated they wanted £5. I did not and have never sent them any wage slips since. as This was never mentioned to me I refuse to pay any more money to them other than the monthly agreed afordable amount. They have never mentioned this since. 3 years on I now have a letter saying if I dont send them I will be in breach of contract. I am about to tell them I am retiring through ill health ( Arthritis) and September 24th will be the last payment I can make. As I am declaring bankrupcy and will default three months payments to pay for my bankrupcy petition. Any advice at this stage please as I feel a bit panicky. Carol |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 13 September 2008 : 09:15:00
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Hi Carol
Depending upon which IVA company you are with, there may be an option for you to request that they speak to the creditors formally and given the circumstances :-
3 years of payments
retirement through ill health
they may actually conclude the IVA without the need for BR.
It is certainly worth investigating first.
which company are you with?
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 13 September 2008 : 09:16:50
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Hi Carol,
Sorry to hear about your past problems which have now come back to haunt you.
I dont understand much of the process for IVAs as i only did my own agreements and i did not use a company, that way i could keep a check on what i paid out per month, but as you are declaring BR you will need a cert of failure for the court when you go and declare your BR.
I would not make the payments and tell them, then say to them that you need the failure letter to go into your records.
Explain to them that you are about to retire due to ill health and that payments wont be maintained to them now anyhow.
You will be better off once you have declared BR obviously if you have assets then these will need to be reaslised, like a home (mortgaged) or a car inexcess of about £2500 but the payment if you have to make one will be consistent, it will be no more than 3 years and then that will be it.
I hope that i have given the correct advice to you, if not someone will help me out.
Good luck and keep posting.
Jo x
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 13 September 2008 : 09:18:01
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Thanks Paul,
I had written at the same time, but your idea is a better one and hopefully Carol can see an end that way.
Good luck Carol, let us know how oyu get on. :-)
Jo x
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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bennieblueeyes
Junior Member
211 Posts |
Posted - 13 September 2008 : 09:49:21
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quote:
Originally posted by Reviva UK
Hi Carol
Depending upon which IVA company you are with, there may be an option for you to request that they speak to the creditors formally and given the circumstances :-
3 years of payments
retirement through ill health
they may actually conclude the IVA without the need for BR.
It is certainly worth investigating first.
which company are you with?
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com
Thanks all and to Paul, I am with Blair Endersby. I would not recomend them to anyone. I rent a property, do not have a car, I was not in any arrears with anyone. and was looking on line for help to make sure I paid everything by the time I retired. Was due to retire at 60 anyway. this was known to B.E but they did not seem bothered as to how I would pay after my retirement. They lied to me on a number of occasions, this was only apparent to me after going to court. My debts were relatively not large. I was constantly phoned by them to accept them and when they sent me paperwork to sign they wanted me to fax it back within minutes. It was all hurry, hurry, hurry. I live on my own and was bombasted by them. I have now paid them £6000. not a penny to my debtors. I am retiring at 60 with only a state pension and will need help to pay my council tax and rent. I will be living on £400. per month for everything. was going to work longer but the arthritus is getting worse and I have just been off work for 4 months.
regards Carol |
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bennieblueeyes
Junior Member
211 Posts |
Posted - 13 September 2008 : 10:21:46
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| Do I ask the IVA for a certificate of failure. or will they send it automatically after 3 non- payments. If I write do I do it now. and do I explain to them why I am defaulting in advance. Carol |
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bennieblueeyes
Junior Member
211 Posts |
Posted - 13 September 2008 : 11:06:06
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quote:
Originally posted by Needafriend
Thanks Paul,
I had written at the same time, but your idea is a better one and hopefully Carol can see an end that way.
Good luck Carol, let us know how oyu get on. :-)
Jo x
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/
Thank you for your reply Joe. it is so nice to get some support. I have always thought any authority figure as frightening. The people on this forum are so generous with their time and advice that I apreciate it all. It has given me confidence to deal with this. thank you Joe. regards Carol |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 13 September 2008 : 12:19:06
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Your more than welcome Carol, that is what i and all the others are here for, to help you in your time of need.
You will find over time that you become more confident and feel that you can fight all battles with an open mind.
You can ask for a cert of failure before the 3 months r up i think, but not 100% sure if that is correct.
Keep posting and we will keep answering. Good luck with it all, just remember you are not alone, not that you have found this site, anyhow. :-)
Jo x
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 13 September 2008 : 14:20:16
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Hi
Blaire Endersby cannot issue a certificate of failure until the IVA has failed. They also need to have a meeting of creditors etc etc so it could realistically take 5 months before the letter arrives.
The other option is to speak to your local court and see what they say.
Some courts don't ask for a letter of termination.
Other courts are happy that the IVA company knows about your plans and has a letter from saying they have no objection. I have had these before from BE.
Finally some courts are absolute sticklers and definately require a full letter fo termination.
check this out with the local county court.
let us know how you get on
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
Edited by - Reviva UK on 13 September 2008 15:08:08 |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 13 September 2008 : 14:33:34
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Great advice as usual Paul!
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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bennieblueeyes
Junior Member
211 Posts |
Posted - 14 September 2008 : 10:22:17
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| Thank you all for the help. I have now cancelled my standing order and have written a letter to the IVA company explaining why and what I intent to do. I am trying to be honorable and not leave anyone in the dark as to my intention. In the meantime I will be requesting the bankruptcy forms from the court. Thank you for the step by step on how to do this, It is more helpful than I can say and gives me confidence.Regards Carol |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 14 September 2008 : 10:29:40
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Hi Carol
You can fill the forms in online. These are available from:
https://www.insolvencydirect.gov.uk/isolv/
This way you can register, fill in and save at your leisure and when your ready submit and print.
I also have other useful links in my blog which can help when working out I&E and also some other bits. Have a look through. :-)
Good luck
Jo x
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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bennieblueeyes
Junior Member
211 Posts |
Posted - 14 September 2008 : 10:32:07
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| One quick question. As I can no longer pay the IVA and am petitioning for bankruptcy can anyone send bailifs in to remove my property. I only have basic living items. An old computer and an old TV that belongs to my daughter. So nothing of any value that could be used to repay. Most debts were small and the companies wrote them off. the others were a bank loan and two credit cards. The bank sold the debt on. Regards Carol |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 14 September 2008 : 16:06:11
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Hi Bennieblueeyes,
Bailiff action requires a court issued warrant of execution following non-payment of a CCJ.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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bennieblueeyes
Junior Member
211 Posts |
Posted - 15 September 2008 : 20:27:55
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quote:
Originally posted by JulianDonnelly
Hi Bennieblueeyes,
Bailiff action requires a court issued warrant of execution following non-payment of a CCJ.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367
Thank you Julian, I have now started the ball rolling with your help and I feel confident and will not be intimidatad. Thanks to all of you on this forum. Carol |
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Needafriend
Junior Member
United Kingdom
344 Posts |
Posted - 15 September 2008 : 20:42:57
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Hi Carol,
The very best of luck to you, if you need us for any answers to any niggling questions, just post on here and we will do our very best to help you.
Take care and keep smiling. :-)
Jo x
"There is light at the end of the tunnel, if you cant find it get a brighter torch"
For links to help with Bankruptcy, useful web pages and also a run down of my new debt free life, both before and after Bankruptcy, then please visit my blog:
http://debtfreejo.blogs.bankruptcyhelp.org.uk/ |
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Topic |
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Breach of IVA
