i just cry all the time just dont know what to do.

[joanne_m]

Please can you help i had an iva approved in may last year a few months after i told them the replayments of £242 were to high and had said this from the out set. They sent me an income and expenditure form which i returned, things then got worse and i couldnat make payments, i have offered to pay them now i am back on my feet an increased payment to clear the arrears in 27 months i still have 53 months of iva remaining, but they are saying that unless i pay the arrears in one lump they will start the bankrupcy petition.

I was warned about this company clear start once it had all been agreed. I am a single mum with one on the way and i am so stressed i just cry all the time. I know that falling behind wasnt ideal but i am trying to resolve it if they decalre me bank rupt i will loose my council home and just dont know what to do.

Please help.

[aguise]

If you dont own your own home you would not loose it in bankrupcy. It is only if you own your own homes I am sure the council will not make you homeless because you are in difficulty. Keep chin up and take a deep breath I am sure all will be ok.

[joanne_m]

i dont know how to find out without them knowing what situation i am in, i am also due to be moved soon. I work, pay my rent and have really struggled. I had reant arrears but have almost cleared them now. (thats why apparantly they can take my home as i have had arrears - and am a risk). But am just getting staright now, and really wish they would just see i am trying , surely it must be better for them to settle it this way they still get paid their fees, and i do what i thinks best. The most annoying thing is that i had to pay £300 to a baliff that came to my house as the IP hadnt done their job properly once the IVA was agreed, thats when everything started going wrong.

thanks for the advice.

[aguise]

I would have thought it was better to acceot increased payments than make you bankrupt.They would get a lot less in bankrupcy, seems daft to me. Try to pay your arrears off then the council cant do anything should you have to go bankrupt. Hopefully one of the experts will help as I dont know enough about it all.

[Storm]

Joanne even with rent arears your home should not be at risk and it sounds like you are doing the best you can.

Whilst it makes sence for your creditors to accept your offer particularly if you have no real assets by not making the agreed payments your IVA has failed.

[MelanieGiles]

Hi Joanne

You should insist that your IP puts forward a variation proposal for you, if you can afford to make increased payments to deal with the arrears and get the IVA back on track. There is no guarantee that this will be acceptable to your creditors, but it is a far preferable route than you being bankrupt for them. How much do you now think that you can afford per month?

I do find it strange that you say you never felt you could afford the payments, and wonder why you allowed yourself to be signed up to such an unworkable arrangement. Did ClearStart advise you about other options at the time such as a Debt Management Plan?

If you feel that you are not getting proper service from this company, then insist on speaking to the Insolvency Practioner directly and asking him why they feel bankruptcy is the only option. Also read through the terms and conditions of your IVA proposal to understand what happens when you default on the repayments, and the provisions for proposing a variation to those terms.

Good luck and let us know how you get on.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[joanne_m]

I had said that the IVA was to high as the payments left me nothing, i had a debt that was personal that was £50.00 per month so i am proposing to now pay them £300 a month with £58 going on arrears with the £242.

The thing was problems only stated when the IP hadnt done their job properly and a baliff turnt up with a warrent to remove all goods, i had to borrow money left right and centre (hence personal debt as above)

If they do decide to not listen to me, can i write to the courts or the creditors to explain what i am trying to do.

If i do go bankrupt what can they take in assets i only have 2 sofas bedroom furniture, side board, washing machone fridge freezer, tv stereo and bedroom furniture, ohhhh and a buggy.

I feel sick i cant belive that this acceptable offer is being ignored. Ive said that i understand that any further defaults will mean automatic bankrupcy but i am determined not to let this happen.

[rich25]

speak to your case officer and see whether she can negotiate.

[MelanieGiles]

joanne

We should only be talking about bankruptcy proceedings if your IP refuses to listen to your request for a variation. It is your right to apply for a variation, and I cannot understand why this is being denied you. Please telephone them tomorrow to find out why.

Did you disclose the "personal debt" to the IP. In reality this should not have been separated from your other creditors, the effects of which have been to prefer that creditor over the others. Please make sure this debt is included into the proposed variation as well to avoid any further difficulties.

Do not speak to the "case office" but insist on speaking to the insolvency practitioner directly. In that way you will get their opinion from the "horse's mouth", and I can then advise you further.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Skippy]

As Rich says, speak to your case manager about this. If the worst does happen and you are made bankrupt, the OR cannot seize goods unless they are of exceptional value (eg plasma TV, antique furniture etc), and then they would provide you with the money for a replacement of lesser value.

Good luck, and let us know what happens.

Four down, fifty six to go until freedom!

[freelili]

Hi Joanne

I am not an expert but you seem to be really stressed out at the moment. It seems by your posts that you have little to give and have tried as hard as you can, do you know anything about bankruptcy? Athough its a scary word, it does not mean that you lose your washing machine and furnture, unless its worth thousands of pounds. If your IVA is causing all of this stress, it might be worth you looking at bankruptcy, as an end to this stress for you, have a look at this site www.myvesta,org.uk,it might take some of the fear away. I do not understand how baliffs can come into your house if you are in an IVA, unless this debt wasnt declared to your IP. As I say I am not an expert, I just think you need a realistic way forward, this amount of stress is really not good for you or your children.

Good luck Joanne.

LILY

[joanne_m]

just to clear up, the IP hadnt informed this creditor that i had an IVA, they had a walk in posetion order on the property. When the IVA was passed they didnt tell this company they had no record of it so they came to seize goods, i have had to pay £500 in total to stop my goods being taken and moving the money about has caused me charges etc and i have just got straight. The IP just says i shouldnt have paid the debt to the baliff at all. but when you have 2 hudge men unplugging your stuff and i was hysterical what was i to do i had to borrow it from a source of friends here there and everywhere.

i dont have naything expensive i think the most expensive part of furniture would be my 2 sofas that was about £500 when new, tvs basic stereo the same. I am so glad i found this site, its reassuring, i am still worried sick about loosing my home.

The ip aslos just flatly refuses to look at anything just says that if i cant afford the payments as they are and pay in 1 lump he will start the petition, I can afford it now ive got all this baliff mess sorted but not the lump sum of £1200. I wrote to them and said i would try and claim back bank charges from creditors in the IVA this is well in excess of £3000. but still waiting to hear back. Oh and when i call the company they say i need to speak to the supervisions dept and have to write to the IP hmself.

Thanks for everything.

[MelanieGiles]

Which firm is handling your IVA, and who is the IP in that firm who is acting for you.

I suggest that you write to the IP and clearly explain your difficulties and what you intend to do to rectify the arrears situation. Make sure that under the terms of your IVA proposal that you are able to offer a variation, and if so insist it is put before creditors.

If the IP refuses to do this, make sure that they give you specific reasons why ie "under the terms of your proposal you are not permitted to offer a variation to creditors within the first 24 months". If you are then still unsatisfied, I suggest you advise him/her that you are intending to seek further advice from their regulatory body.

I also suggest you ask this firm why they have a policy that the IP will not take telephone calls.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[joanne_m]

The company is clear start, i know i think that it must be a rougue company as noone seems to know why they are being unreasonable. i put it all in writing today and sent it 1st class.

[MelanieGiles]

joanne

The head of that company is a chap called David Mond. I suggest that if you do not get a sensible reply, you write to him and ask him to investigate the matter for you.

Let us know when you have received a reply.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk