Can't cope anymore!

[maizie]

I'm after a bit of advice, and I do apologise now for the long post. [:(] I have just had my first yearly review with Accuma and I have had nothing but bad times with them. They are saying I have defaulted on two payments.

I spoke to a guy from Accuma last year when my first payment (9th June 2007) was due to go out because Accuma had messed up my direct debit three times! It was AGREED with him that because my car was due for an MOT, which I knew it would fail, that I would get new tyres, exhaust done etc. and my IVA would start from the 9th July. This is what I done at the agreement of Accuma and I wrote a letter to my Supervisor on the 6th July 2007 reflecting this.

I then received a couple of phone calls from Accuma over the next few months asking me to pay the money back. I explained the situation to them YET again and was told that was fine, if they had any problems with this then they would call me back... to this day I haven't received a call for approximately 6 months.

So, I haven't got that payment, it was AGREED with Accuma that my IVA would start on the 9th July and not the 9th June. I have had many problems with Accuma, things getting lost, wrong direct debit details being put into the system, to the point where Douglas Prior of Thomas Charles had to get involved and had a meeting with Accuma about the way that I was being treated. I am now on anxiety and stress tablets because of my IVA and to be honest with you I seriously can't cope with anymore of this.

The other payment, well I am totally confused. I have made every payment to Accuma, I emailed my Supervisor this morning giving a list of what dates my direct debits have gone out and regarding the first payment. He said he would get back to me by the end of the week.

Thats another week worrying. I'm depressed all the time, I can't sleep, I have constant migraines, my doctor says I need to remove the stress from my life but how can I when I have this for another 4 years.

I have no assets, a car worth £2,000. Have I made the wrong decision? If I moved to Eastleigh and I went bankrupt which court would deal with it and does anyone know how they treat you at that court, are they more leniant than with an IVA.

Also if I moved in with my boyfriend in Eastleigh how would his situation be affected, he has his own house but I would have to pay rent and contribute to bills, what information would they need?

Im so upset and stressed and have a serious headache, I'm so sorry this is such a long post but I needed to get this off my chest.

[MelanieGiles]

Sorry to hear that your IVA is not working out for you, but if you can afford the payments don't give up. Doug Prior is a good man, I know him quite well and he no longer works for Thomas Charles but does work for a company who specialise in sorting out difficutlties with IPs. I suggest that you give him a call and see if you can get together with your IP to sort this out once and for all.

[rayb]

Seeing that this is really getting you down and the fact that you do not have any assets then maybe bankruptcy is the next step but of course only you can make that decision. Please bear in mind that if you did go down that road then you may still have to make payments (Income Payment Order) for 3 years but this is likely to be a lot less than your IVA payments. Best wishes and please keep us posted

[Skippy]

Hi Maizie, I'm so sorry that you're having such a bad time. The IVA sounds like it has added to your stress rather than reduced it.

No-one can tell you whether you have made the right decision regarding your IVA or not, only you can weigh up the pros and cons of bankruptcy for you - sorry, I know that's not much help. I would say look into BR and weigh up your options - your health is far more important than your IVA.

If you did decide on BR, as far as I'm aware you would need to go to the court where you have been living for the majority of the last 6 months.

I lived with my partner in his flat, and the only information I had to provide was how much he contributes to the household expenses.

I found that the OR was much more generous in my expenditure allowances, and I ended up paying less than I did in my IVA. I went BR because I couldn't afford the IVA payments though.

[maizie]

I can afford the monthly payments... just! They upped the payments by £40 a month when the IVA got approved and with food and petal prices rising fast I only changed my expenditure form at my review enough so that my payments were the same... I had received an inflational payrise.

I knew that if I increased my expenditure my IVA payments would be lower and they wouldn't agree to this so felt I had no choice.

Like I said money is tight, I never have my contingency because it goes elsewhere.

I just feel that my health is getting worse, Im an emotional wreck, my bosses are aware of the situation because I couldn't cope and they have been fantastic but another four years scares me.

How would this reflect on me going bankrupt if they knew I could just about afford the monthly payments? Would they deny me bankruptcy?

Also I know I cant afford to pay the first payment back (i.e. increase my monthly contribution).

[maizie]

Ive been in my IVA for one year, if I decided to go bankrupt would it be 6 years on my file from IVA i.e. 5 years left or would I have another 6 to go?

Would I only be able to get a debit card after that 6 years?

Also does anyone have details of the general allowances for a single person? Thank you

[rayb]

It would be another 6 years from the date of bankruptcy. Cannot help with the other questions though

[MelanieGiles]

Maizie

I really do think that you need to spend time discussing your current plight with your IP - who is after all there to help you throught the process. It seems ludicrous that they are charging you an extra £40 per month at the moment, when everyone knows that food and fuel prices are at an all time high. Some understanding is required here to enable you to see this arrangement through to its conclusion.

[maizie]

Hi Melanie

My Supervisor contacted me today, the first payment - they have now agree once again that this will be added onto the end of the IVA as this was their fault.. although my yearly reviews will always state that I am one month behind, they will note on there that my IVA is from 9th July 2007 and not 9th June 2007.

The other payment they have managed to find which is a relief.

I am having to move (not my decision) so I contacted my Supervisor to find out what I need to do because my expenditure is going to increase quite a lot, at the moment I pay £350 including bills (because its family), when I move that will only be my rent so food and bills will be on top of this. I will have to fill out a new I & E form and a variation meeting called.

I will wait and see what the outcome is of that but I don't think it would be too good.

[MelanieGiles]

Don't forget to give Doug a ring - I am sure he will be able to help if only to get you and your IP talking sensibly about your situation.