| Author |
 Topic  |
|
Overspent
New Member
66 Posts |
 Posted - 15 July 2009 : 18:45:56
|
Well I thought I'd give you all an update..I rang the court today who confirmed that unless we had a certificate of failure then our bankruptcy hearing could not go ahead.
I then rang the person managing our IVA (not the IPs herself) who after originally saying she'd get the paperwork drawn up over a month ago in readiness for my IP's return from holiday, is now saying that they do not issue me with a certificate of failure until we have gone bankrupt............I explained what the court clerk said. She then said she would ring them and get back to me..that was this morning.......by 3.30 had no call back so rang to chase and was told she'd gone for the day.......another night of no sleep for me..........Just do not know what to do........ because we have been issued with breach now being threatened with ccj......if we are not able to go bankrupt on monday thanks to our IVA company (who have been fantastic and would definitely recommend..it's just this incident that has left a sour note)..not only will our stress continue for however it takes for another date.........more creditors will start hassling us etc etc.......letting off steam I know but I feel very let down tonight. Just hoping the iva company can arrange something with the court...fingers crossed anyway. x |
 |
|
|
gettingoutofdebt
forum expert
2418 Posts |
Posted - 15 July 2009 : 19:01:03
|
Is your IPA Management company local to you? If so it may be worth turning up on their doorstep and refusing to leave unless they give you the signed failure certificate. Alternatively ring them up every 30 minutes to see if they have contacted the court yet.
You could also try emailing both the court and IVA company in one email (i.e. both parties in the 'To' address) and asking the court to reply confirming that you need the certificate of failure before you can declare BR and this should put the court and the IVA company in touch with each other.
Try not to worry about the CCJs you can put the details in the SOA.
It is also better that you are going through this hassle with the failure certificate now rather than turning up at court and being refused BR because you didn't have the certificate. |
|
|
|
Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 15 July 2009 : 19:28:00
|
Hi
I would really recommend you either speak to the helpline or one of the forum experts offline.
If you are in an IVA then you have the protection of the court from creditor action - therefore they cannot pursue you with a CCJ!
It may be that documentation demonstrating that you have breached the IVA and correspondance from the IVA company detailing that they are aware that you will go Br will suffice the court.
Which court are you are - i may know the clerk and give you an idea the best way to approach the problem
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
|
|
|
Overspent
New Member
66 Posts |
Posted - 15 July 2009 : 19:37:06
|
Hi Paul...it's Nottingham Court. I've just had a phone call from my IP, who has been really helpful and due to potential postal strike is going to scan and email confirmation that our IVA has failed. I'm not sure why Nottm will not take the breach confirmation documents.......starting to think Nottingham are tough. Hopefully they will accept a letter stating IVA has failed.
Xx |
|
|
|
Overspent
New Member
66 Posts |
Posted - 15 July 2009 : 19:38:56
|
Thank you out of debt..........I don't think there is and official certificate of failure to get. However, IP has rang me and she is going to email me a letter confirming it's failed...hope it's ok
xx |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 15 July 2009 : 20:39:18
|
That should be fine.
It's not actually a certificate as such, it's a letter of non compliance.
The glimmer gets brighter all the time
Jan
xx |
|
|
|
Daniel Griffiths
Junior Member
United Kingdom
268 Posts |
Posted - 15 July 2009 : 23:09:14
|
| I have petitioned for clients at Nottingham County Court their procedure is strict to the letter they adhere to rule 6.42 (2A) however they must have told you that they will accept the application you will pay the fee and you have to return in three weeks to see the Judge to get it granted after they have written to the supervisor this rule has always been in force however it is only recently that courts or should I say Judges are adhereing to it some courts still dont bother. |
|
|
|
Overspent
New Member
66 Posts |
Posted - 16 July 2009 : 18:37:30
|
Hi daniel, let me get this right, I currently have a letter of breach for both me and my partner regarding IVA. My IVA supervisor is emailing me a scanned letter to confirm that our iva has failed. At the moment i do not have this, if I do get , will Nottingham accept this? if I do not get it, the letter of breach will mean we have to return a few weeks later ie we will not be bankrupt from monday 20th July?? If this is the case, how frustrating, we tried to do the right thing by doing an iva, but job loss has caused it to fail...not failed it for any other reason :-(
PS they never mentioned anything about returning in 3 weeks, just that they wouldn;t proceed without confirmation of failure.
x |
Edited by - Overspent on 16 July 2009 18:39:07 |
|
|
|
Angela Rosler
Starting Member
United Kingdom
20 Posts |
Posted - 16 July 2009 : 19:04:01
|
Hi Overspent
Sorry you're having such a hard time. Rules and regulations are drawn up in order to try to bring about the most equitable outcome but unfortunately, some things become over complicated for many reasons. On the day of your BR hearing the Judge needs to consider your application and apply the law - there is nothing in the Insolvency Act or Rules demanding the existance of a Certificate of Failure/Termination, but the Judge will - quite rightly - want to make sure that you have not been mis-advised and acting outside of your best interests.
Take as much evidence with you as possible to demonstrate why it is appropriate to make the BR order. If possible write a letter to the Clerk of the Court for the Judge to consider explaining problems, breach and provide contact names of your Supervisor, IVA Administrator. Judges are very busy but it isn't unknown for a hearing to be suspended whilst a telephone call is made to confirm some details. It is probably too late to send the letter to the Court now in time for the hearing, but if you bring the letter and 2 copies to the Court on the day and bring it to the Clerk's attention, it should make it to the file for the attention of the Judge. (3 copies are normally required for Applicant/Respondant and Court - hope this makes sense.)
Good luck - I'm sure everything will be fine.
Angela Rosler
Debt Counsellor
|
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 16 July 2009 : 19:37:35
|
Other posters on here have gone to court with just a letter from the IVA company confirming that they have failed the IVA.
Phone your IP company tomorrow and ask where the letter is, and then phone the court to see if this letter is going to be enough for them.
The glimmer gets brighter all the time
Jan
xx |
|
|
|
Overspent
New Member
66 Posts |
Posted - 16 July 2009 : 19:41:19
|
Thank you Angela.. The letter from my supervisor is being emailed to me because of potential postal strike,..hopefully I'll get it tomorrow..will take that with us and the letters of breach.
We had an iva for £630 per month, but I lost my job soon after agreement. Managed to get a job 6 months later but on several grand less and unstable but had to take it. it meant that our surplus income had reduced to the extent that it made the iva unfeasible. Plus lost the unstable job after 4 months anyway. I've just started a new job after a couple of months unemployed but unfortunately on a couple of grand less again.........we tried to do the right thing with the IVA, we were definitely very very well advised, our IVA company and supervisor are probably one of the most popular, respected and recommended ones on the IVA forum.... and if we were to do it all over again, would still go with Melanie Giles and her team........hoping Nottingham know of her and realise that everything was done properly......not long to go, will be glad when monday morning is over.
Thank you again
xxxx |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 16 July 2009 : 19:55:32
|
If Melanie is your IP, then you can rest assured that the letter will arrive tomorrow as promised.
The glimmer gets brighter all the time
Jan
xx |
|
|
|
Overspent
New Member
66 Posts |
Posted - 16 July 2009 : 19:59:41
|
Hi Jan
Exactly, I have every faith in Melanie, just feel guilty that she is still having to do stuff for us when we've paid virtually nothing into IVA because of job loss.
xx |
|
|
|
Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 16 July 2009 : 20:26:18
|
Melanie knows that it was unforseen, and I am sure there are a lot of people in the same situation as you in this recession.
Good luck with your BR.
The glimmer gets brighter all the time
Jan
xx |
|
|
|
Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 16 July 2009 : 21:16:10
|
The court just need to know that the IVA rout has been properly considered and that you are doing the right thing.
They will definately accept the letter from Melanie confirming that the IVA has concluded due to a substantial change in circumstances.
Paul Johns
Bankruptcy Specialists
Reviva UK
www.revivauk.com
Real People ..... Real Debt Solutions |
|
|
|
Topic |
|
IVA certificate of failure
