Magistrate Court and CRB Info

[DebtDummy]

Thank you all for answering my questions before. I have a few more
that I would appreciate some answers for. Yes, I do have an IP, but I feel guilty when I contact him via telephone as he is busy so I email.
1. How much can the Magistrate Court take out of my husband's pay with an attchment order? How is this amount figured? Can an Interim Order be used in Magistrates Court? We have no funds to do this with, but I
am curious. The court date is 25 Jan.
2. The IVA amount has decrease by £10,000 ( amount was 83000). The IP said this will not change the terms of the IVA. Why is that?
3. How does one obtain financing when credit is ruined in order to pay off the lump sum due at the end of the IVA?

GOOD NEWS!! Possibley:)

1. Received the IVA draft proposal today. It's 40p on the pound for 72 months, £500 month with £6000 due at the end of 72 months.
2. Did not have the funds to stop a Charging Order(£260 required)which will take effect on 19 Jan. BUT did delay it because of distance.I requested for it to be held at my local court house. This gives us more time to sort ourselves out.

Now, I need a reality check. If my CRB(criminal background check)does not come through in a timely manner ( all checks completed except police)will the IVA not be brought forward? What do we do then? We are paying the mortgage although in arrears. The mortgage company said they will issue a default if not paid in full( £932). We are paying what we can in addition to the full mortgage each month.

Are we kidding ourselves trying to hold it all together emotionally, spiritually and financially until I start employment whenever that will be? We can't ask friends or family for anymore financial assistance as they are tapped out themselves . We are finding the whole experience abit surreal. Living in a thick fog waiting for the sun to appear (sigh).

Is there any light besides a bankruptcy black light at the end of this tunnel? Has anyone ever experienced this before? Please respond and tell me how you held it all together until you started working. Sometimes, we get discouraged. I cry alot and take to my bed. My husband continues working and when he does talk it's about the bills; and that makes him so angry.

Does anyone know of a good marriage counsellor who does NOT charge? Even an 0800 number would bring some relief. The Samaritans only handle suicides and NO amount of bills are worth my nor my husband's life!So,please do not give their number

CRB NEWS-due to Ian Huntly (remember him, the caretaker and Maxine Carr?) the police have added another investigative process to the CRB check. The criminal checks NOW go through the 92 police depts or stations in the United Kingdom.The computers are NOT linked,therefore they can not communicate to each other delaying the last of the checks by weeks if not months. BEFORE, the search was only locally for the past 5 years where you lived which is why it only took 6-8 weeks.
So, for those of you requiring a CRB take heed. It will take abit longer. You can tell your creditotrs this, but they either will NOT know what a CRB is or if they DO know will NOT care (deep sigh).

After 81 (or 84) days they(CRB) will escalate your application and you will receive a letter from them. Photocopy this letter and send to your IP and your creditors so they can see *why* you are being help up from working. I was escalated twice and photocopied both letters to all concerned. CRB Tele:0870 909 0811.

You future employer *may* be able to do a Fast Track POVA for £6.00 this takes 24 hours and you could work while waiting for the complete CRB to be completed. Mine would not do that,but your's might.

Again, thank you all who take the time to answer the boards. It is an invaluable service.

[Skippy]

Hi Debtdummy, I'm sorry to hear that you are going through such a bad time at the moment.

Unfortunately I cannot answer your questions, but I just wanted to say that you can call the Samaritans - they are there for any problems, not just suicide. There is a lot of information about them on their website - www.samaritans.org.

One other thing, please do not feel guilty about contacting your IP. He or she stands to make a lot of money from your IVA, so make them work for it!

Three down, fifty seven to go until freedom!

[jamesfalla]

Debt Dummy

You have clearly got many many questions. These really should be answered before you move forward with any decision about how to deal with your debts. The best person to do this for you is your IP. Skippy is right, you must have an open and frank dicussion with your IP. They are not doing your IVA for free and should not be concerned about answering all your questions fully.

May I ask whether you have actually met your IP face to face? If not I think this would be a very good idea. If the IP that you are currently using does not offer this, I suggest speaking to someone who will. You are not yet in your IVA so there is no problem with putting on the breaks at this time.

You must ensure that you are 100% happy BEFORE you enter into your IVA. Otherwise you may find you are agreeing to someting you can't maintain and you may end up being forced into bankruptcy.

James Falla

Expert in IVA, Bankruptcy and informal Debt Management solutions, with extensive experience of solving personal debt problems over the past 10 years. I am regularly featured on BBC News, Finance Programs and Radio.

Visit my blog at: http://jamesfalla.blogs.iva.co.uk

[MelanieGiles]

Hi again DebtDummy

As a practising IP, we should never be so busy as to not be able to speak to or meet our clients. I have a policy that my phone line and door is always open. Don't forget it is you guys, and the creditors, who actually pay our fees - and therefore providing you with ongoing support during this stressful period is very much part of the job.

Sounds to me as if a face to face meeting would be sensible for you. Sometimes when I am meeting clients I often feel like a marriage guidance counsellor, referee, samaritan, financial advisor, careers officer and many other "hats" as well depending upon the circumstances of the case. But that is part of our job in understanding the specific needs of that specific client. Trust me, you will feel a lot better when you have done this.

Hope it all works out for you, but as James says - make sure it is the right solution for you. Bankruptcy is often not as bad as people think, and again your IP will be able to explain this to you fully.

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

[DebtDummy]

Thank you for replying. We will be meeting the IP face to face before we sign the proposal. As for petitioning for bankruptcy that is out of the question for us.1. We did make the debts and should pay as much back.
2. My CRB could be completed tomorrow and I can work.
3. The humiliation and shame involved.
4. What do we say to friends and family?
People say the stigma does not exist with a BR like in the years gone past,but I believe it does inside of the people filing for them.
That legal tool will be the very last option. We may be depressed
and down, but we are not out. Not yet . We shall do anything we can so if we do have to file we will know that we did all that we could to avoid it.

Who knows there may be an eleventh hour miracle? [B)]

[fabienne]

hello debtdummy, and good luck for 2007, you have taken the right steps and you will see greener grounds.

1- i don't know, but i know you can defend, and you need to make sure that you have presented a budget showing the financial distress that an attachement order can cause to you and you family.

2- sorry, can't help there .
3- Your IP can advice on how and where you can get credit, as you will need their approval to obtain credit during IVA for more than £500 i believe. i am sorry i am not precise, but i am learning about that, and other can answer better.

2-charging order?
do you have to pay? Court can wave fees if you can show that paying the fee will create financila distress, as above. you can also go back to court to ask for the order to be change to reflect your current situation, and show that the amount is not reasonnable.

Forget about the default for now, ask for the arrears to be paid over a few months on top of the normal monthly payment? They have under the OFT guidance on debt collection to be reasonnable. If they are asking more than you can pay, they are not. and there is some thing call a time order that can give you more time to pay, you can apply as soon as you have received a default notice, if your aggreeemnt is regulated. google "time order debt" for more info, or let me know, i will come back with more details.

you can only try, until IVA get sorted.

regarding Marriage, i've been there: you get so tangled in sorting out the next day problems that you forget the commun aim you had once.
we have contacted Relate, they did heavilly asked for a fee (£50), but we explained that we did not have that, and they were ok with it. they are a charity. they will help.
Don't wait.
we say in france " plaie d'argent n'est pas mortelle"
that means "a financial wound is never lethal"
First matter Health, and Family.
repeat that to your self everyday, say to husband " you matter to me and we will get out of it together".

thank you for the info on the CRB.

Regarding what to tell to family and friend, we are still debatting ourselves:
Do we lie, and say that it is because of an old businees in france, or whaetver? (very tempting, the not my fault thing...)
Do we say nothing, hoping they won't find out? (very tempting, and they don't read the london gazette, i could hide the local papers the day the news come?)
Or do we put it on the plate at the next sunday lunch?

As you say, difficult.
Probably the biggest problem of all: you have found a solution, but you have to be ashamed of it?
i recomand a little book, written in 1926, call "the richest man in Babylon" the section about the camel trader (not kidding)
Hope all goes well, i am sure it will , you would not be here if you were not a fighter..

[:)]

Kind regards, Fabienne, www.penaltycharges.co.uk