Help I'm drowning

[SharonOR]

South Africa. We came here for a better life and although on the whole it has been, this has been the worst time of our lives. We still love beinghere and dearly want our citizenship but this has put everythign in jeopardy.

[MelanieGiles]

You will need to check with the Home Office, but I cannot see why someone coming from a Commonwealth country cannot apply for citizenship once they are discharged from bankruptcy. It is definately worth looking into, as you do not appear to be able to cope with the ongoing IVA.

[SharonOR]

Melanie, thanks for the advice. How exactly does bankrupcy work?

[MelanieGiles]

You can download the application forms from the Insolvency Service website and look through them. They are very simple, and are merely a summary of your current financial circumstances.

Then find out which Court you need to make your application in - if you can tell me where you live I can find that for you, and ring them up for an appointment date. On the day of the hearing you will need to take three copies of the application forms with £485 for each applicant in cash to Court, where your application will be heard by a Judge.

Assuming that a bankruptcy order is then made, the Official Receiver is then appointed to your estate and will want to arrange a meeting with you. All assets vest in the Official Receiver, who acts as your Trustee in bankruptcy, and the Official Receiver will discuss with you his strategy for their realisation. Don't worry, as your normal domestic assets and personal items are usually exempt from this process. You may be assessed to make monthly payments to the Trustee based upon your disposable income for a maximum three year period. And discharge is generally within the first year.

[Skippy]

Hi Sharon, please work out how much you can afford and speak directly to your IP. If you cannot offer enough to make your IVA work then please think about bankruptcy. I have had a quick look on the Border and Immigration Agency website (http://www.ind.homeoffice.gov.uk/britis ... character/)and it says that your application is unlikely to be successful if you are an UNDISCHARGED bankrupt. It might be worth an anonymous call to them to find out more as like Melanie says you are from a Commonwealth country.

Regarding the fees, I went BR when my IVA failed and I used the money saved from a couple of months IVA payments to pay the fees.

It's not worth losing your life over your debts. There is a way out of this.

Please keep posting so that we can help you, and so that we know your ok.

[SharonOR]

Thanks to everyone for your help and concern. You have no idea how much this has meant to me in the last 24 hours. I feel as if a mountain has lifted from my shoulders.

I will contact the IP on Monday to see what they say and will keep you posted on how things turn out.

Now if I can just get my Landlord from hell off my back things should be peachy! [:o)]

[Soulgrowth]

Just wanted to add my good luck wishes Sharon [:)]

Debbie

[SharonOR]

Thanks
Now I just need a lot of sleep and to stop crying by tomorrow to face a day at work.
[:D]

[janot]

SharonOR,
Good luck and please please do not harm yourself. the money is nothing compaired to the life you have with your family.

If you continue to feel this way please visit your doctor and tell him/her how you feel.

[caraf]

SharonOR
Good luck please do not harm yourself.
which IP company you with ?? what explaination have they given for increasing your payments like that ??

[SharonOR]

With Freeman Jones. I get really upset with them as you only have a telephone number and that always goes to voicemail and it takes forever for anyone to get back to you. The excuse is always that they are terribly busy so we have to be patient. I don't like their banking system either as we have had our rent bounce once because they transfered too much money over to the cash card and didn't keep enough in the salaries account. I keep very strict account of what is happening with this accont but they always argue and I have to call them everytime as the amounts transfered are never correct. I am also tired of having to be late for work some mornings when I have to wait for them to transfer money into the account because they haven't done it by 0900, so I can't buy a travel card. I am thinking of changing the banking account.

[size5]

Am I right in thinking that they set up an account for you through Think banking?

[louisa.s]

I really do feel for you and your family.

I would seriously look at changing your bank account. It would give you so much more control over your life and your finances. You could try Co-op Cashminder or Halifax Easycash (or even both)as both of them are very basic accounts and offer an electron card with online banking - a must if you need to check your account everyday. Also you can get your salaries paid into them and set up your direct debits and standing orders to come our them. Also forgot to say that you are not charged anything for operating these accounts!

If you can try and persist with your IVA. Insist on speaking with a human being/IP/Case handler and or put everything in writing. Write them a letter explaining that since they have increased your payments so dramatically (more than the average 3% general payrise)you are cannot afford to live. Resend them a revised income and expenditure based on the amounts that you currently spend on bills, food, travelling etc. Explain that if they are unable to reduced your increased contribution then you are going to either have to request a formal variation meeting or seriously consider bankruptcy.

Stick to your guns. With regards to sending originals - I learnt very quickly from this site not to send the originals instead I scan and mail mine (courtesy of work) and then send then photocopies of the all the documents.

Remember you can only pay back what you can afford!!!

I do hope you find a solution that works for you.

Take care.

Lou x

[SharonOR]

Hi Size5
Yup Think banking - they are really crap. We have had our card declined on numerous occassions as well which makes you die of embarrassment and then we go and draw cash and there is more than enough money in the account. I now no longer use the card as a debit card but carry cash around as I have been humiliated too many times. I wrote to them about this and was totally ignored. So changing banks it seems is a good idea.

[debbiw]

SharonOR, I would change bank accounts if i were you. There are plenty of fantastic basic bank accounts out there, that you won't have all this hassle with. I am with Nat West and I have a step account, which is brill. I have a basic account with them, and a savings account, and online banking enables me to transfer money from one to the other. I have been very impressed with Nat West.