Hi all,
I need some advice and my local CAB are too busy and keep turning me away.
I would have been in an IVA for 5yrs now but just after the 4th year DFD decided to declare myself bankrupt. The IVA was joint with my wife BUT the house is in my name only. We are still awaiting any of the creditors to chase my wife 12mths later.
Back to me though, my court date is the 22nd Feb and I am wanting to know what will happen. I was thinking of fighting it as the whole reason I am in the mess is that DFD never read the letters I sent them. After a change in payments due to my wife going back to work after having a child and therefore less money coming into the house, they agreed to changes and also extended the IVA for 6mths to catch up on arrears due to not being able to pay enough. When I got the letter confirming the payments AND worked out what month numbers related to which month (even the 3 people in DFD couldn't work this out) I found out that the revised payments were on the wrong months. We had a car payment that was due to finish in July BUT DFD had this down as Sept. After around 5 calls and 3 letters all they kept doing was sending me out the income & expediture form. After around 5mths of trying to get them to listen we just stopped trying. We had paid a nominal amount for a few months which got their attention BUT still didn't help. We started paying the amounts they wanted in the months they wanted which we knew were wrong and then I lost my job in Oct 09. At this point they then failed the IVA as we weren't able to pay a penny. I now just want out and was thinking that bankruptcy may have been better for me from the start which is part of the reason for not wanting to fight it.
What I would like to know is what should we do next. I know the house will go. Theres around £35000 in equity (something else DFD wouldn't let me do was re-mortgage the house as paying a huge amount over the rental prices in the street) so should we put our names down with the council NOW or wait until after the court date. What do I do with the household goods. TV's an old CRT type and we basically only have the basic's (TV, video, DVD, Hi-fi, fridge/freezer, washer, dryer) but have a computer and 2 laptops. The laptops are both my wifes of which 1 we can prove as we have only had it since Oct (gift from her parents which we have the receipts for) the other is around 8 years old so doubt there's anything other than £50 to be made from it. When the OR turns up, they will only look at goods in the house correct?
Now for a bank account, I need to wait 3 days after being made bankrupt right? I read that somewhere but can't remember when.
Sorry it's long, thought it best to put the full story on.
Cheers
