A question for the experts...Melanie, Dave..etc

[flashingblade]

Hi,
Thanks for reading my post.

Due to ill health and sickness from work (i have since left employment) and an unrealistic budget our IVA failed. We have not paid anything into our ive since Dec last yr. I was initially sending my sick notes into my IP but the last one was in March. Over the months of April and May we got letters from debt free direct saying we had defaulted. I cant remember the exact wording of the letter to be honest, but that was the last we heard. We have had no letters saying it has failed and has beeen referred back to our creditors. Nothing since then.
We have moved house, left our mortgage property and moved into rented in preperation for our BR and no one knows we are here. We are still able to access our old house for post etc. The only way they cant contact us is by telephone.
I hope u understand what i mean!!

Anyway...im just a bit confused as to what is happening. Is this normal?

[flashingblade]

Just found the letter, It was called a Review of Breach, and said we had one month to reply which we didnt. (they already knew our circumstances)and we havent heard anything since

Have our debts disappeared...lol i wish!!

[jim_h]

i got my letter back after 12 months from dfd very poor response

[flashingblade]

u waited 12months?!!

[jim_h]

yes i started my iva in may 2006 it started off at £115 than £185 in the end they wanted £265 it failed in june 2007 i could no longer pay i wrote telephoned got a letter back in may of this year about a breech than notice of non conformancey i rent my house now paid them over £1250 creditors got nothing will think about what to do next all went in fess ivas are ok but i told them i couldnot really afford that so thats why they started me of on £115

[Cybus]

There are a couple of ways to look at this ...

DFD could have contacted creditors to ascertain their views on your inability to pay and may have been able to secure a payment break until such a time that you returned to work.

I'm afraid you have done nothing to help your situation by ignoring the Breach letter that you received just because you assume they knew your circumstances. You really ought to have contacted them and kept them appraised of your situation. Presumably your GP had advised you when he or she thought you may be able to return to work. If you had relayed that to DFD then they could have reported to your creditors who may have had a sympathetic view.

Your moving house does not mean that you have avoided your debts. Your creditors will find you.

The only way to retrieve the situation and save some face is to contact DFD and explain the situation and what has happened since you last contacted them. It's better for them to be able to advise your creditors of your whereabouts and it will make the petitioning process somewhat easier.

[MelanieGiles]

You really need to contact your IP to find out what is going on. It sounds as if they ought to be closing your case, but that does not necessarily mean that this will result in a bankruptcy. Your creditors will want you to keep paying, and are unlikely to petition, so you may have to fund that yourselves if that is the route you wish to pursue.

[flashingblade]

Thanks for all replies.
Yes, we are going BR, and have our forms filled in. I rang the courts last week for an appointment and they said they werent taking any new ones yet as they were fully booked up til mid of sept. I have to ring back this week but havent had chance today. We are going to fund it ourselves and that is not a problem.

I have no desire or need to retrieve the situation, i have correctly filled in my forms and my creditors will find me through my BR petition. I am really past caring that we are in such debt. The worry has made me very ill over the last couple of years, and so now im beginning to feel free.

To be honest, i ignored the letter as i did not write back but i did telephone and DFD didnt have a clue what they are talking about. I spoke to one young lad and i was able to tell him more!! I have had endless conversations with DFD advisers, and have not been allowed to talk to my IP at all, not once. So i do not intend to make anything any easier for DFD or my creditors.

I just wanted to know if you knew why i hadnt heard anything else.

Also, My GP is unable to advise me when im able to go back to work, its impossible to put a timescale on these things. All of this was relayed to DFD, along with a copy of every sick note, and they did nothing.

Sorry if my reply sounds harsh, i have a lot of bad feeling towards DFD.

[MelanieGiles]

I can understand your feelings - but what is the solution? Do you have sufficient funds available to apply for bankruptcy now? Then that would seem to be the most appropriate option to put this behind you once and for all.

[flashingblade]

Yes we do thanks Melanie. We have the funds sorted, and forms filled in, we just need a date!! It looks like it will be the end of September now. I will try and ring tomorrow to see if we can get an appointment. Its the best thing we will ever do, as was the house move.

DFD are more trouble than they are worth, and i know its difficult for other IPs to make comment on other companies, but it is a well known fact that DFD are impersonal, and useless!

Thanks everyone, im sure everything will sort itself when we go BR - hopefully next month - i was just curious as to why DFD hadnt contacted us again. )

[MelanieGiles]

If you cannot wait for your local County Court to give you a date, you can always petition in the High Court. OK it is a trip to London, but you are guaranteed to get an order on the day you attend.

[flashingblade]

Thats interesting to know - thanks Melanie.

Think Londons a bit far, and also i might be tempted to spend our £1k BR fees in the shops down there!!

Thanks for always being on hand to answer my questions, youve been a great help to me and many others.

I will let u know how we get on, hopefully our nightmare will be over soon!

[Soulgrowth]

Hi FB

I just wanted to say that I empathise with you ... I deliberately didn't pay into my IVA for months waiting for them to 'fail' me ... which they didn't and everything had a happy ending for me in the end ... as I feel sure it will for you.

One positive way to look at it is that your IVA has offered you 'protection' from the wolves at the door and has bought you a bit of time to put your ducks in a row and find your own solution.

Good luck ... your health and your sanity is much more important and perhaps DFD have done you a favour in buying you time.

Debbie

[moretolife]

flashing blade..i wish you well and hope you get both your finances and your health sorted out soon.

[kallis3]

Me too.

Good luck for the future.