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Overspent
New Member
66 Posts |
 Posted - 14 July 2009 : 19:08:17
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We still do not have this and go bankrupt on 20 July. We have the letter and notice of breach and have been advised by the manager of our IVA IP that this would be sufficient (I requested the failure certificate a month ago!!!..........anyone else experienced Bankruptcy due to failure of IVA? Will we be okay with the letter of breach?
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 14 July 2009 : 19:46:58
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I would contact the court and ask them. Email them (you can get the details at http://www.hmcourts-service.gov.uk/HMCSCourtFinder/) so you have something in writing.
The last thing you want is to turn up at the court, pay £510 BR fee and the judge refusing to declare your BR as you would lose the fee.
A couple of other people on this board have declared BR after their IVA failed so they may be able to advise as well but I would want something in writing from the court just to make sure. |
Edited by - gettingoutofdebt on 14 July 2009 19:47:28 |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 14 July 2009 : 20:00:12
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The notice of breach should be enough. Phone the court and just check with them.
The only other thing you may need is a certificate of non compliance. However I think what you have should be enough.
Just check.
The glimmer gets brighter all the time
Jan
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Overspent
New Member
66 Posts |
Posted - 14 July 2009 : 20:00:32
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That's what we thought..To be honest we have had a really fab IVA firm BUT I feel a little peeved tonight because I requested the certificate of failure just over a month ago...and was promised by the person managing it day to day (not my actual IP)that she would draw up the papers and get them signed by my IP and sent to me. I can only assume she hasn't done it hence trying to fob me off with the letter of breach being good enough. It's been a big enough thing to get our heads round, forms completed etc and now it looks like we will have to cancel the date........sorry for ranting but the more I type the more annoyed I feel....still, I'm getting it of my chest lol.
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 14 July 2009 : 20:03:15
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No problem with having a rant!
However, I do think the letter will be enough. Just make sure with the court.
The glimmer gets brighter all the time
Jan
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Overspent
New Member
66 Posts |
Posted - 14 July 2009 : 20:04:40
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| Are you sure Kallis/Jan? I do hope so as i can't face delaying it any longer. This time last year we were worrying about our IVA being accepted, a year on worrying about going bankrupt.......please tell me we'll feel better soon lol... xx |
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gettingoutofdebt
forum expert
2418 Posts |
Posted - 14 July 2009 : 20:24:29
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You'll definitely feel better once the court day and OR interview are over and done with.
BR is a final solution to your debts so the creditors have no say in the matter and your debts are completely written off as soon as you are declared BR. |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 14 July 2009 : 20:56:03
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I would double check with the court that you are going to, but I have heard of people going BR with the notice of breach rather than a certificate of failure.
Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.
View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/
24 IPA payments made, 12 to go - on the home straight! |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 14 July 2009 : 20:59:12
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I have heard of this as well, but definitely give the court a ring tomorrow.
You have the letter that you are in breach - should be sufficient as far as I am concerned, but just check.
The glimmer gets brighter all the time
Jan
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Overspent
New Member
66 Posts |
Posted - 14 July 2009 : 21:04:01
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| Thanks Kallis, Skippy and out of debt.......will ring the court tomorrow to double check............will be glad when it's all over...the IVA took 8 months to get sorted....then lost my job....causing it to eventually fail..........now the stress and the potential embarrassment of going BR.....will be so glad when it's all over and can get on with life. Think I may have a brandy to help me sleep lol...good excuse anyway :-) |
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sjbyron
Average Member
United Kingdom
746 Posts |
Posted - 14 July 2009 : 21:16:36
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Hi I went Bankrupt and thats all I had to take to Court was the notice of breach letter from Freeman Jones, the court clerk just said asked whether the IVA was done through the same court, and I said yes, then she left thee office for a minute, checked her system and came back to me and confirmed that it had failed.
I wouldnt worry
Stu J Byron |
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Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 15 July 2009 : 06:35:27
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No, you don't need permission from your IVA, but your IVA must have failed and a lot of courts do require some sort of confirumation that this has happened.
The letter of breach should be good enough, but always best to check with the local court.
The glimmer gets brighter all the time
Jan
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Hallway123
Junior Member
United Kingdom
181 Posts |
Posted - 15 July 2009 : 11:36:22
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| Letter of breech was enough for me too. |
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Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 15 July 2009 : 18:25:48
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| Sorry to disagree, but an IVA does not have to have failed for voluntary bankruptcy to be granted unless you meant you cannot be made bankrupt by a creditor while in an IVA which I agree with. |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 15 July 2009 : 18:38:50
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technically you can petition for bankruptcy while in an IVA WITHOUT the permission or knowledge of the IVA company.
However in practice over the last 3 years ( partly because of the mailshots to folk in IVA's from bankruptcy companies) it is now common practice that firstly the Clerk will reject the application and most likely the judge will adjourn the petition until the IVA company has been made aware.
By turning up at court without even a letter or fax from the iVA company saying that they don't mind if you petition will only guarantee stress, aggravation and a likely revisit in 2 - 3 weeks time.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
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IVA certificate of failure
