Failing an IVA - DMP instead?

[cfnc]

I am sure an exoert will be along soon to advise.

I just want you to know I am thinking of you and you baby please try not to get too worried,

Sending hugs,

Kirsty

[Viki.W]

Hey Charlotte, I am NOT an expert but I'm pretty sure that if you arrange a DMP to pay your creditors and somehow end up in court because DFD want to make you bankrupt, then the judge would see that you are making efforts to repay the debt and NOT grant the bankruptcy. Please wait for an expert to help and take it easy, you're baby and your health is far more important. I'm sure you will get this sorted soon. Viki X

[charlotten]

Thanks for your advice.

I have also been fired this morning because I couldn't get in work due to the fuel strikes. Buses and taxis in my area are grounded and I live on the outskirts of Bristol.
They sent me an abusive email saying that unless I arrive by 10am then don't bother showing up ever. Nice.

I'm not sure I have the strength to argue a bankruptcy petition but DFD's FAQ's website says that the best course of action when struggling or unable to make payments is to contact them immediately to minimise the risk of the IVA failing and the IP petitioning bankruptcy.

We have done all of this and whilst we have contacted our IP we filed a general complaint with DFD about two weeks ago and their company solicitor is investigating.

I am trying not to stress but it's hard.

I shall let you know what happens.

xxx

[Viki.W]

Charlotte, that's awful. Will you definately be fired or are they just trying to scare you? X

[Skippy]

Oh Charlotte I'm so sorry to hear that. Some companies are so horrible - it's hardly your fault that there is a petrol strike. I really don't know what else to say to you, other than send you a hug x

[charlotten]

No - it's definite.

They sent me an email because they said they couldn't reach me by phone, because I was trying to find a way into work!!!!!, and this guy who I have never heard off said I was fired. He said it was 'unacceptable'.

I haven't told hubby yet. I shall wait until he gets home!

[Viki.W]

Ah I'm sorry Charlotte, I'm sending you a hug too. X

[trionon]

Dear Charlotte, v.sorry to hear you are having such an awful time, I've gone through something similar a few years back: lost the job, debts began to escalate, which is what really prompted my going into IVA as DMP just wasn't working at the time, it is horrible but it will get better, it has to! One thing though I remember when I was setting up my IVA I was concerned about bankruptcy due to the professional reasons and I was told by PP that creditors can not insist on bankruptcy if it will affect your job, so not sure how true that is but I took it at face value.....

[plasticdaft]

It hardly makes sense for creditors to want your husabnd to loose his job because then their is very little hope of them getting much money back. Fingers crossed.

[MelanieGiles]

OK - I am an expert and can categorically state that you are not in default with your IVA for the sake of one missed payment. Most IVAs provide for this when the third payment is missed and not the first.

I suggest that you contact your IP directly, via e-mail to say how disappointed you are with his/her staff putting you under pressure at such a delicate time. The liklihood is that this letter has come from a relatively junior staff member without the IP's knowledge.

If you feel that you are going to incur further arrears, then you ought to have a plan available to discuss with the IP, so that your chat can be constructive rather than destructive, and do let us know how you get on.

[charlotten]

Thanks Melanie.

My IP hasn't come back to me yet so I have emailed him and asked to let me know what is happening. He is famous for non-communication and I am rather peeved that he hasn't bothered to get in touch to my emails at least to put my mind at rest.

I hope to get this sorted asap.

I have contacted Brightoak and really lovely guy called Simon Green emailed me and I told him via return email what is happening and he said he is happy to assist us. His emails were nice and warm so I have a good feeling!

DFD are too commercial and you are a nobody to them.

Is it in DFD's interest to try and resolve the issue we have with them instead of jumping to bankruptcy?

[MelanieGiles]

I know Simon Green personally and can confirm that he is indeed a lovely person.

[charlotten]

Oh my God!

I took Melanie's advice and tried calling DFD, no answer as usual so I sent an email asking them to ask our IP to call me and who is dealing with our complaint. NOTHING!

They are absolutely terrible. What is wrong with these people?

I said in the email that 'leaving me in this state of panic and worry' is 'unacceptable'.

I have decided now to file a complaint against them with The Insolvency Service. Debt Free Direct are a vile company. Their customer service is appalling and my IP is a selfish pig.
Honestly.

[kallis3]

Hi Charlotte,

That's the problem with these big companies - no personal contact, you are just a number.

Lets hope your complaint gets something done.

Sorry to hear about your job - has your company been back in touch with you at all? Their treatment of you is appalling as well!

Big hug from me

[facingittogether]

hi charlotte

just wanted to say i am thinking of you and sending you a big hug!

you look after yourself and your baby and i hope things get sorted for you really soon!

love barb x