failed iva

[jim_h]

can anyone advice me where i go from here have heard nothing from debt free direct for eight months now i want to start a new iva and had no reply to my letter the last letter i had was last year saying i was in breech nothing since gave up trying to telephone is it right i have to have a letter saying it has failed very poor response seems i canot go a h e ad without one is this correct

[Adam Davies]

Hi
Check the Insolvency register online to see if you are still on there.If you are not then your IVA has failed and you will be able to possibly propose another.My guess is that it is still live and if so you may well be able to negotiate to have it start up again.
Write to your actual IP,or if you name them on here I will be able to give you their email address
Regards

[Soulgrowth]

Hi Jim

From what I remember from when I actually waiting for my IVA to fail so I could take other action it needs a particular certificate or letter that is a proceedural thing when an IVA fails ... as you can see I am no expert!

I would imagine that if you are not being chased by your creditors then your IVA has not 'officially' failed as within a few days of a letter being sent out in error by my IP my creditors were contacting me again.

As Andy says, best to contact your IP direct.

All the best

Debbie

[neil277]

A ? for Andy

I feel that many people who fail in an IVA want to set up another IVA but in practice, there would be a knew set up fee? i feel in my view that a good IP should ask this person to file for BR.

I watched your interview with John and he spoke so much sense and why are people still getting into debt when they are in a IVA?. Once you have paid back your IP for the work he has done will the IP change (ie) they then dont care about you as a person anymore?

A program is where a person pays off his or her's debt over a period of time the smaller the amount is much better than a big amount over a short period of time where in practice the IVA will fail.

Thanks.

Neil

[ianmillington]

If the IP wants to charge a set-up fee, run a mile Andy.
The IP should discuss your finances on the phone or at a meeting without charge and then take a commercial decision as to whether he or she thinks the IVA will be approved and succeed.

Bear in mind that from a credibility point of view you come from a difficult starting point if your first IVA has failed. You need a full and frank discussion with your proposed IP as to how and why this happened and why IVA 2 can work, as he has to spell this out in his nominees report to the Court.