i know i couldnt afford it in reality

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cowboy

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Post by cowboy » Wed Oct 24, 2007 2:22 pm
i am iva been iva since march 06 on filling out iva doing expenditure form mine and wifes income totalled £1800 outgoings averagedjust over £1000 per month should the iva have taken £712 a month?

i have recently done another expenditure form because of high rent raises of £150 a month plus other raises on filling out the form my ip said the new payment is £480 but also said doubtful the creditors would accept it so i told them if they will not offer that then go £560 even though i know i couldnt afford it in reality so they went striaght for £560 i now found myself not being able to meet this demand and also my wife got to have a hip replacement op and likely to be off work along time and now is age 58 she may not return to work noone knows.

i did explain this to my ip nearly 2 weeks ago who has not contacted me since we are considering going bank raptcy i am a tenant and owe no equity what so ever
 
 

Rainbow

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Post by Rainbow » Wed Oct 24, 2007 2:36 pm
Hi Cowboy just wanted to welcome you to the forum, I am not an expert as most of them are at the meeting this afternoon but didn't want to leave it without saying welcome.

If you have no assests it does look like Bankrupty may be a good alternative for you but you should discuss this with your I.P

Best wishes
Rainbow

Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!
Every Cloud has a silver lining. At the end of the Rainbow is a Pot of Gold - Or Hope!
 
 

cowboy

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Post by cowboy » Wed Oct 24, 2007 3:58 pm
hi thanks to your response i did raise this issue with ip apperently they only deal with iva not bankruptcy i have today cancelled standing order with iva as no longer can afford it as it doesnt leave me with free money at all they take everything after calculations of outgoings are done i forget when me and wife went out for a meal
 
 

chez

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Post by chez » Wed Oct 24, 2007 5:16 pm
Hi
I know what you mean about never going out! seems so unfair.

Sounds like an awfully big monthly payment you have been making...I am no expert either but BR sounds like an option for you. You really ought to get a professional opinion...someone from this site will advise you soon im sure.
Good luck and hope it works out well
 
 

catullus

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Post by catullus » Wed Oct 24, 2007 7:14 pm
Is your wife also in the IVA cowboy?
Last edited by catullus on Wed Oct 24, 2007 8:03 pm, edited 1 time in total.
 
 

thebear29uk

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Post by thebear29uk » Wed Oct 24, 2007 7:44 pm
Hi Cowboy

I think going BR might be a better way forward for you. If you have paid 19 payments of £700+ then your IP may be responsible for making you BR as you will easily have paid enough to cover their fees and your original proposal might have included a clause saying that monies paid, if sufficient would cover the cost of bankruptcy in the event that the IVA failed.

If there is no clause stating this by not paying the standing order you should just about have enough to declare yourself BR (£475 I think).

If you have over 3 years to go and its a massive struggle now why put yourself through this at a time when your wife has health concerns? With no property at stake you would possibly have to pay a income payment order but this is usually about 60% of your disposable income and, as some but not all who post here have found, the OR can be a little more lenient as to what is allowable.

Check out some of the blogs on here such as Skippy and Scaredkez.

Best of luck

Dave
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Dave

View my blog at www.thebear29uk.blogs.iva.co.uk/
 
 

thebear29uk

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Post by thebear29uk » Wed Oct 24, 2007 8:06 pm
Ah Catcullus

I couldn't work out why my message was last but the front page was showing you as the last post. Then I noticed you changed Chez to Cowboy. Lol.

Sometimes its hard to keep up on here.

Dave
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Dave

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catullus

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Post by catullus » Wed Oct 24, 2007 8:25 pm
the mysteries of the board!!

I realised after your post that I had mistakenly thought that chez started the thread.
 
 

cowboy

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Post by cowboy » Wed Oct 24, 2007 10:09 pm
catullus wrote:

Is your wife also in the IVA cowboy?
 
 

cowboy

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Post by cowboy » Wed Oct 24, 2007 10:11 pm
catullus wrote:

Is your wife also in the IVA cowboy?
hi sorry about that made a mistake yes my wife is in with the iva as we had a joint loan
 
 

catullus

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Post by catullus » Wed Oct 24, 2007 10:56 pm
The reason that I asked is that she clearly was making a significant contribution to the IVA and should only have been doing so if in the IVA.

In answer to your question, therefore, as to whether your IP was right in looking for you to pay virtually all your disposable income in to the IVA, I have to say that he probably was because that is what the creditors expect.

I think that you probably found this when the original I&E was agreed for your proposal and 12 months on, the review is simply ensuring that arrangemnet continues.

As a general rule, at the time of annual reviews, I'll always try to cut the debtor a bit of slack and there are several ways of doing this without it being too obvious but overall an IP has to ensure that the principals of the IVA are observed.

Unfortunately, all of this may be academic anyway if, with your wife's difficulties, she may not be able to continue to work although there may be the possibilty to propose a variation but whether the creditors would accept it, might be marginal.

One final thing, and it's aimed at getting other posters to give their real experience , as opposed to my academic experience,I have my doubts that bankrupts during the time that they are subject to an IPA are likely to be dining out very often.

Whilst the amount of the IPA is more generous than the amount that you are required to contribute in to an IVA, I rather doubt that the difference will allow you to live a normal social life but probably makes the household budget just that much easier to acheive than the very tight constraints of an IVA
 
 

Skippy

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Post by Skippy » Thu Oct 25, 2007 9:25 am
I agree Catullus, although I must admit some of my surplus is spent on curry, but as I don't drink or smoke so that's my vice! While I don't have a great deal of money left over each month I do have enough to live on.

Yesterday is history, tomorrow is a mystery, today is the present - a gift to make the most of.

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Adam Davies

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Post by Adam Davies » Thu Oct 25, 2007 11:59 am
Hi
It seems such a pity to me when someone has to fail an IVA after paying in 7-8k because of a change in circumstances.Surely Cowboys IP should seek another,more realistic variation because bankruptcy will return the creditors zilch.
Talking to an IP at last nights meeting there was agreement that if an IVA can get through the first two years then it is likely to make it to the conclusion.
We need
a] creditors to not ask for increased payments at the creditors meeting unless they can justify where the saving can be made
b] IPs to be given more flexibility in allowing reduced payments without having to call a variation meeting
c] incentives for debtor and creditor to successfuly conclude the IVA
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

cowboy

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Post by cowboy » Sat Oct 27, 2007 4:45 pm
hi on reading other sites i never realised that synergi was such a bad topic has that is the company ive been with for the last 15 months i wished that i found this site sooner. on my last expenditure form i last done with them in june my payment should have been £480 they told me that the creditors would not accept that payment so i might be able to afford £560 even though this wasnt visable they also asked me to do another expenditure form to make outgoings less so it look like i could afford it but i did not do this. to meet this demand i was actually using my daughters dwp to help as she also cant work as she suffers with schrizopherenia and anxiety and depresson i decided this could not carry on ive written to synergi detailing the probblems as they not contacted me 15 days prior of ringing them i feel that br is my only way out
 
 

MelanieGiles

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Post by MelanieGiles » Sat Oct 27, 2007 5:00 pm
With IP fees now likely to be based upon a percentage of realisations, it will be interesting to see whether this has any effect upon increased contributions at annual reviews.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
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