Claiming bank charges and IVAs....

[tracy.h]

Hi Melanie
Thanks for answering my question about token payments,as i said i know i maybe im daft but if i dont ask then i dont no.
Im only making these token payments as you no with my case i hadnt paid any creditor for 7 months and the money i recieved back from ip i felt should be given to the creditors as a gesture to allow more time to sort my situation out.
Im still in dispute with former company and dont no now if i should just put closure on it or do i actually send full complaint to ipa.
Will the fact that two proposals have been presented and one of them failed have any bearing on proposing another iva.
Will the creditors not get cross that ive not adhered to the modifications and as much as i now have a better offer,as i will put my mortgage as interest only,do you really think it will change there minds.Will they not want to know why i was not advised by former ip to reduce mortgage in the first place,and if i do not send a complaint to the ipa am i not just agreeing that i excepted the modifications in the first place.
What im asking is do you think i should do a dmp for 6 months to give it time or do i take the bull by the horns and go for it.
Im so worried that if i get another rejection i will then have no option than to go bankrupt,as i said have spoken to creditors and they seem happy to take token payments at the moment,what worries me is i was offering 45p in the £ and they still wanted me to sell my home reading the posts from other people northern rock have been happy with this ammount
im so confused i really dont no what to do for the best.
Would appreciate you opinion,i know you have already given me such good advise but after the events of the last 7 months my confidence is at an all time low as what to do for the best
Thanks
Tracy

[MelanieGiles]

Hi Tracey

Your first IVA - the one which went horribly wrong for you due to a misunderstanding between you and a member of your IP's staff - has now been removed from the IVA register. So you are no longer subject to those proceedings.

Firstly, consider whether it is better for you to enter into a DMP, propose an IVA or go bankrupt. Only you can make that decision, but you do appear to have a viable IVA to propose, and I doubt very much whether your creditors will bother too much about what has gone on before. So you really have nothing to lose. If the IVA is rejected again, then you are left with two choices - but only think about those if this happens as you are eating yourself up with worry at the moment.

I personally do not feel that a complaint against your former IP is warranted. There are clearly issues on both sides here, and the matter now appears to be resolved. That's up to you, though, and if you do not feel that you have received an appropriate standard of care then this is what the Regulatory Bodies are there for.

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