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vneal
Starting Member

3 Posts

Posted - 15 January 2009 :  19:30:10  Show Profile  Reply with Quote
Hi can anyone help?
I want to declare myself bankrupt, but due to me previously being in an IVA, i have no credit facilities to pay for my fees, and am unable to save the money in a timely fashion.
If i were to take out a payday loan to fund part of the fees, would i then be able to declare them as one of my creditors?
Thanks in advance,

Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 15 January 2009 :  19:47:54  Show Profile  Reply with Quote
Hi

obviously a tempting idea but not a great plan. Taking out new credit with the absolute knowledge of writing ot off and without any intention of paying it back would be classed as fraud.

probably the best plan is to save from the potential iva contributions.

have you got the certificate of failure yet from the iva company? if not it will take them some time ( perhaps 3 - 5 months_ to arrange this as there is a legal process to follow.

Without this certificate or letter from the IP you will probably find that the judge will not agree to the Br.

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK

Real People ..... Real Debt Solutions
www.revivauk.com
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vneal
Starting Member

3 Posts

Posted - 16 January 2009 :  20:00:17  Show Profile  Reply with Quote
Hi, thanks very much for the reply.

I basically just need the money fast, i dont have the spare money available due to things being very tight etc. My IVA finished over a year ago but in that year i have had to move jobs and house so all money was put towards that.

So if i were to use a payday loan to fund the fees but then still pay them back, would that be considered ok?
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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 16 January 2009 :  20:16:06  Show Profile  Reply with Quote
No

that would not be considered Ok as that is illegal.

You are not allowed to pay a creditor after Br.

The Official Receiver will have a fit.

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK

Real People ..... Real Debt Solutions
www.revivauk.com
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vneal
Starting Member

3 Posts

Posted - 16 January 2009 :  20:28:16  Show Profile  Reply with Quote
ok, again thank you for the reply, can you suggest any methods of holding off creditors then? I'm being hassled left right and centre, i know its my own fault but i really am worrying that i'll end up without any possessions!
I've explained i am filing for bankruptcy but i guess i'm not moving as fast as they would like.
At the moment my creditors still have my old address on file as i've used the royal mail to redirect my post, so hopefully that will buy me some time?!
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