all of this is too stressful for us

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kev

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Post by kev » Mon Jun 11, 2007 12:26 am
A so called IVA specialist company has been handling my debts since around August last year. Despite my major creditor being Black Horse they eventually went ahead with an IVA proposal in January which was scuppered by Black Horse. We had hardly any feed back during all of this time and now we have complained about thier poor handling of the case they have returned our file to us suggesting bancrupty.

In the meantime our credors are becoming impatient.Black Horse have taken me to court and refused my offer of £5 a month and are demanding the entire debt of around £6K.Barclaycard have been on the phone to me at 10am on a Sunday morning demanding £4k. I had a heart attack 8 weeks ago and my wife is recovering from breast cancer and all of this is too stressful for us. Can you advise whether we have any recourse against the IVA "specialists" or any suggestions how to deal with my creditors.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jun 11, 2007 8:43 am
Hi key

It is widely known in the industry that Black Horse reject proposals where the debts are higher than £7,500 or the loan has been taken out over the last year.

Although your IVA took a long time to be proposed, it was the creditors who turned down your offer, so I do not thing any blame can be allayed against the IP. Given your poor health at the moment, I would have thought bankruptcy proceedings are a better option for you. Do you own a property with equity in it?

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

Oliver

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Post by Oliver » Mon Jun 11, 2007 9:55 am
I agreen with Mel on this. Why was it that you choose to propose an IVA over Bankruptcy?

Best Regards
Oliver

Thomas Charles and Co Ltd.
Experts in personal debt solutions.
Read customer feedback at: www.thomascharles.com/about_us.asp
Best Regards
Oliver
 
 

ivoriva

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Post by ivoriva » Mon Jun 11, 2007 10:37 am
Seriously consider BR, it will put an end to your debt worries. Though do seek some professional advice if you have equity or assets you are trying to protect.

When a debt defaults, it becomes payable in full. This is normal procedure. However, on a unsecured debt, they can chase and chase but if you cant pay in full then you cant - which is also normally the case. So they will ultimately be looking for a monthly pro rata payment. In terms of court action, the creditor would apply for a CCJ and the courts will decide what you need to pay. As long as you fill in any relevant paper work that is received from the courts, and you complete a proper I&E account for them, you will only be asked to pay back what you can afford (even if its just £5 a month).

Alternatively, you can contact someone like the CCCS or Payplan and setup a DMP.

As for your original IP, I think maybe they should of known about Black Horse - and also August to January to prepare a proposal seems a long time to me. If they suggested an IVA was your best solution originally, then it would seem you were ill advised considering BH is your major creditor and there stance on IVA's. But without more details, its hard for me to comment more.

Good luck in getting something sorted, and also I wish you and your wife good health and speedy recoveries.
 
 

kev

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Post by kev » Tue Jun 12, 2007 11:59 am
Thanks for your responses. The debt with Bh was for less than £7k and was taken out more than a year before they got nasty. We do have equity in our home. It wasn't a matter of us choosing an IVA over bancrupcy, it's a matter of Clearstart advising us that and IVA would work in our case. Clearstart, whilst not responsible for the rejection of the IVA, should never, in my opinion, have suggested one in the light of the industry-wide knowledge that BH always refuse to co-operate. Further, the months of inaction/delays on the part of Clearstart were a major contributory factor leading to our current position and they appear to have got away with it scot-free.
 
 

ivoriva

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Post by ivoriva » Tue Jun 12, 2007 12:24 pm
Sadly nothing is ever guaranteed in the proposal stages of an IVA so when things do go wrong ultimatelty you are in a worse position than when you started out - especially when you have 4 or 5 months between initial contact with a specialist and IVA rejection. I have read some posts about clearstart and generally people seem quite happy about them, but they do seem to have got it wrong in your case. I presume they didnt ask for upfront payments - or are going to return them if they did?

I would imagine BH are going to go for the equity in your house by way of placing a charging order on it. But this is just my opinion, im a debtor not an expert.

Maybe BR or a DMP is your best bet now. Have a word with CCCS or payplan who will advise for free.
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