IVA or Bankrupt ?

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velios

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Post by velios » Sat Aug 16, 2008 10:45 pm
Hello, I'm writing this on behalf of my Mother who is 55 and just got made redundant today from the mens retail store that she has worked at for just under a year.

Mum lost her house in the 90's during the recession and has spent 10 years paying back creditors (Eversheds) who chased and intimidated her for the shortfall when they sold the house for a fraction of it's worth.

Today, mum still has debt in the region of £17,000 and now has no income with which to continue paying the credit card companies.

She is not a house owner (she lives with her elderly father in rented council accommodaion). She does not have a pension plan, nor any other assets of value or savings.

Am I right to think that at this stage, with no assets to lose she whould be better simply to declare bancruptcy and put these debts, stress and worries behind her?

As I said, she now has no job, and I know for a fact that any job she could get right now would be very low paid, and 80% of her income would go right away on simply keeping up with repayments.

The thought of never being free of debt is a crippling one for her on a day to day basis, and I have watched her struggle with the never ending cycle since the early 90's.

Any advice on whether to chose an IVA or Bankruptcy would be appreciated. I wish that she had taken a step in this directon 10 years ago, so that at least she would have had a good night's sleep since then!

Many thanks for your help in advance.
 
 

indebtforever

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Post by indebtforever » Sat Aug 16, 2008 10:50 pm
yes i would agree with you she has no assets and her income will be to low for any payments towards the BR.she would need to be working for an iva.
Last edited by indebtforever on Sat Aug 16, 2008 10:52 pm, edited 1 time in total.
 
 

Viki.W

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Post by Viki.W » Sat Aug 16, 2008 10:51 pm
Hey Velios, welcome to the forum. I'm so sorry you're Mum has had to go through this, it must be awful for her. With no income, an IVA wouldn't be possible. I think BR would be the best way forward so that your Mum can get on with enjoying her life. Please hang in there, I'm sure Melanie will be along to help you. X
If you would like to talk to me about your debt problems, please visit:
http://www.vincentbond.com/about_us_Viki_Warbrooke.asp
 
 

Emily

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Post by Emily » Sat Aug 16, 2008 10:54 pm
BR is the way.....the end of debt....BR is becoming more attractive to debtors than IVA...and with no income an IVA would not be viable.

The IVA legistration came into vogue in late 80s, your mother could have done the IVA then and would have kept the house...but very little was known of IVA then......

You can download the BR forms on the internet and raise a fee of around £450 from the Insolvency website....the judge who will hear the petition will want to know advice has been given and understood

All your bank accounts will be frozen so it might be wise to draw out funds before you formally petition for BR
Last edited by Emily on Sat Aug 16, 2008 11:01 pm, edited 1 time in total.
 
 

MelanieGiles

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Post by MelanieGiles » Sun Aug 17, 2008 1:55 am
Bankruptcy proceedings would certaintly appear to be a sensible option for your Mum to put her debts behind her - especially as she has unfortunately lost her job.
Regards, Melanie Giles, Insolvency Practitioner
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