I hope you can help me I am at my wits end

[debbiw]

Hi Dawn, I can't understand why they would want to make you bankrupt, when you are now up to date. The creditors will therefore get very little , if anything back going down this route. I hope your IP sees sense soon. Good luck, let us know x

[ianmillington]

Hi Dawn

From your post I cannot see that you have heard anything to say that she has done anything but threaten. You haven't heard anything from a solicitor either?

If you are correct in saying that you are up to date, the Supervisor will appear to the Court a total idiot presenting a petition for Bankruptcy. If I were you I would check again with the Supervisors office on the present position. My guess is that you will find the crisis is over.

Ian

[dawn.d]

Didn't sign on yesterday as was a bit depressed. I just wanted to answer Ian message I was served a breach of notice in the beginning of Feb to say I had to be up to date by the 27 Feb. I wrote to the supervisor on 25 Feb to say I was waiting for a cheque to clear I paid the money into my account on 28 Feb, by then she had already ignored my letter and instructed her solicitors. I haven't heard from the solicitors yet but when I got home yesterday there was a card saying I had a recorded letter to collect so I assume that is the letter from them.

I also got a letter from the supervisor yesterday to say that she had no option but to instruct her solicitors to proceed with the bankrutcy proceedings.

I just wanted to say many thanks for all the messages of support it mean so much.

Dawn

[MelanieGiles]

Which firm are you using? This lady needs to be spoken to as she is acting completely uncommercially and not in the best interests of either you or your creditors. Do you recognise that you are in arrears now at all?

[dawn.d]

Hi Melanie, I am £350 in arrears but I am paying that in tomorrow morning first thing in cash which she knows about. Maybe that is why she has done this but I did tell her all this when I wrote to her on the 25 Feb. Then I am up to date. I have written to her again and asked her for one more chance as I will probably lose my job but I don't hold out much hope. She told me when I saw her last September when I have was having problems that I should just throw the towel in and go bankrupt such wonderful support! I will be picking up the letter from the post office later today.

Regards Dawn

[MelanieGiles]

Are you going to tell us which firm you are using Dawn, or do you wish to keep that to yourself. If we know, maybe either Ian and I know her or someone there to have a word. If not, then you will need to continue to try and convince her you are doing your best to deal with the arrears.

[dawn.d]

Hi Melanie, I am using McCabe Ford William. I did write yesterday and I am waiting to see what she comes back with, but I just think she has given up on me. I think she feels I cannot afford to pay every month but I have told her even though I have had problems last year, I am getting things sorted out.

[dawn.d]

Hi, just an update went to the post office to pick up the recorded delivery and it wasn't from the solicitor. I didn't know whether to laugh or cry! So I am still worrying about when I will receive the letter. Will keep you updated.

Also just wanted to say thank you to everyone who has replied and given me such good advice not sure how I would have coped this week without all your great support.

Dawn

[ianmillington]

Dawn, I suspect the matter is sorted.

If I were to instruct a solicitor to take action when you are up to date, I would expect to be told I'm a complete numpty. If she has served you with a Notice of Breach, she is probably using the R3 standard terms which would then require her to convene a creditors meeting before instructing a solicitor anyway.

Just take a quick look at the default provisions of your proposal and the chairmans report to ascertain the position and put your mind at rest.

Ian

[dawn.d]

Thanks Ian, when you say she will have to convene a creditors meeting if she does this will she have to inform me that she is doing this? Also she told me she had instructed her solicitors last Wednesday if she has then would I have heard from them by now?

I will look at the proposal tonight and hopefully I will hear from her tomorrow.

Many thanks for all your advice and support.

D

[ianmillington]

If she's using the R3 conditions and the default provisions have not been modified then she has to call a meeting first. It's risky for me to stick my neck out here but I would be surprised if she isn't using them. The R3 terms are 28 pages long and you should have had a copy attached to your proposal. The Chairmans Report should then be checked just to see if any creditors have changed things. As I say, if you are up to date so long as you stay that way I imagine it's the end of the matter but check those things if only to put your mind at rest.

Rest assured, however, that no judge would make a bankruptcy order against someone who is up to date with their IVA obligations.

And yes, you should get notice of the meeting too.

ian

[chris.g]

Dawn, sorry I can't answer your question. I just wanted to say that it sounds as if she is using scare tactics on you and unfortunately they are working. She is going to look very silly if she does take it further and there are no arrears. She sounds very unfair and judgemental, try not to worry. xx

[dawn.d]

Thanks Ian for your advice will keep you up to date with everything.

D

[dawn.d]

Hi Chris, yes it seems that she is just trying to bully me and frighten me which is working unfortunately. I think this has to be the worst week of my life so far, but everyone on this forum has been so supportive and helpful which I am really grateful for so glad I find it.

D

[MelanieGiles]

For that very reasons I have never used the R3 terms and conditions - apart from when required to by modification.

I don't know your IP Dawn, but Ian has already given you some great advice. I would put this to bed now and stop worrying.

No professional should bully their clients, and it might be better for you to arrange to meet her face to face to ensure there are no further misunderstandings.