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 bankruptcy postbag for august
 Failing IVA and demands from creditors
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Nat
Junior Member



367 Posts

Posted - 23 August 2008 :  14:15:03  Show Profile  Reply with Quote
Hi

i've decided that BR really is the only realistic option for me now. Gutted that i have 3 months to wait before i can go BR as i have to miss 3 payments on my IVA first.

I haven't missed any payments yet next one is due on Thursday. Just got back in and in the post there is yet another statement from one of my creditors with more charges put on it. I have been forwarding these to my IP (who seems to do very little). Should i call this creditor and give them my IP details to try and stem this a bit as i think it's going to drive me mad if i have to put up with this for the next 3 months!

Before entering my IVA i had never missed any payments for anything albeit i was using credit cards to live on which is why everything got so unmanageable so getting reminders and letters is really stressful for me because i've always done everything i can to avoid it but can't really do a lot at the mo.

Also I have a gas bill from an old supplier which the advisor on Debtline told me not to worry about as they are an old supplier. What on earht should i do about it in the short term. Can't go BR for 3 months, do i give them my IP details as well?

You'd think having an IP i'd be able to run everything by him but it seems unless they're making money out of me they do naff all.


rollercoaster
Junior Member

United Kingdom
327 Posts

Posted - 24 August 2008 :  18:50:17  Show Profile  Reply with Quote
How long have you been in your IVA, the creditors CANNOT contact or add charges whilst you are in this, as you have said you have not yet missed a payment so technically the creditors are bound by the legal terms of the IVA agreement (no contact no charges)
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Nat
Junior Member



367 Posts

Posted - 25 August 2008 :  18:53:35  Show Profile  Reply with Quote
Hi
I was approved my IVA in May, next payment is due this Thursday. I know that thye are not meant to contact me but as much as i have phoned, em,ailed and telephoned my IP all i get is they have written and informed them, but i don't get any answers about the charges and interest being taken off feel like i made a huge mistake going down the IVA route and should have just gone BR in the first place. It makes me so angry as i have another creditor now (IP)and he does hardly anything to help.
John - i'll probably give you a call sometime this week, i got your email thanks.
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 25 August 2008 :  19:32:00  Show Profile  Reply with Quote
Hi Nat,
I hope that you get yourself sorted out. To go BR you will need proof that its failed then you can take this to the court on the day of your hearing.
At least you can say you tried.
Good luck mate
Jo

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"

You can read my blog here:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/2008/08/24/my-debt-free-future/
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Nat
Junior Member



367 Posts

Posted - 25 August 2008 :  19:56:34  Show Profile  Reply with Quote
Hi Jo

It's amazing how much i've found out through reading info on this site. When i spoke to Debtline they gave me all my options and said that i could go to court the same day to apply for BR. Failed to tell me that i had to wait 3 months for IVA to fail and get certificate so could have just lost a load more money!!!
I'm coping relatively well, just seeing it as finally closing everything from my ex, if he had paid up on time none of this would have happened.
Which leads to my next question, he went BR about 3 years ago ( I had no idea at the time, just goes to show that not everyone finds out!) and he still owes me £5000, not maintenance for the kids the money is for me personally. Thought about going to the small claims court and making him go BR again but this will cost me money which i can't afford. But when i start all my BR will my OR possibly chse him especially as he is still within his 6 year period? I don't see why he should get away with everything, not that i'm bitter or anything!!!
Thanks for all the support so far.
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Needafriend
Junior Member

United Kingdom
344 Posts

Posted - 25 August 2008 :  20:11:36  Show Profile  Reply with Quote
Hi Nat,
Stick it on your assets bit. Let the OR chase him and get something back.
I know that may sound nasty but i dont mean to be, make sure that its included as the £5k could help towards your creditors and it was because of this that your now where you are.
John may be able to offer more on how to go about that bit but if its possible and wont cause you anymore grief then I would add it on. :)
Hope this helps a bit.
JO

"There is light at the end of the tunnel, if you cant find it, get a brighter torch!"

You can read my blog here:

http://debtfreejo.blogs.bankruptcyhelp.org.uk/2008/08/24/my-debt-free-future/
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Nat
Junior Member



367 Posts

Posted - 25 August 2008 :  20:18:07  Show Profile  Reply with Quote
Hi Jo

I will do that and hopefully they will do something, I did manage to get half the money out of him but it was bit by bit and as you know interest adds up and it became very cler earlier this year that even if he gave me the money i now owe so much it wouldn't help me that much. Amazing how 15k of debt can double in 2 years!!
It would just be nice to be able to make him pay and have to deal with some sort of stress after the amount of stress he has put me through.
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