Melanie What do you think of this ?

[rachellxx39]

As posted before when i dicussed about my daughter going to hospital today and our lack of support and care within our ivas from Dfd. Hubby and i have discussed things this evening and we feel this is our way forward.
Our daughter who is 13 has been to Leicester Royal Infirmary today to see consultant about her foot abnormality ( She is disabled) he has made options available to us about her condition. We have been asked to think about her having her abnormal toe and some of her foot amputated. This is to hopefully make life easier for her and relieve some of the pain. With this in mind and the fact that we have come to some what of a stale mate with our ivas with Dfd ( and things going wrong with our ivas) we feel it better to fail our ivas and go bankrupt. I personally cannot cope with the added stress of having this debt and dealing with my daughter who faces major surgery.Therefore what would we need to do for us to go bankrupt? Thankyou Rachelx

[Lisa2009]

Rachel, you must no do what you feel is right for YOU and you family and if thats bankruptcy then so be it.
Your daughters future is far more important than debts.
Bankruptcy would draw a line under all the debt hassles and allow you to start again and concentrate on your daughters health.
Its a very brave decision you have made and if it feels right then do it.
I hope your daughter gets sorted out soon too xxxx

[MelanieGiles]

Hi Rachel

I am so sorry to hear that it was not good news at hospital today, but if this is going to make your daughter's life more comfortable to have the operation then this must be the right way forward for you.

Over the next few weeks and months your little girl will need your undivided attention, and this rather puts your debt situation into complete perspective - ie it is far less important. No-one will critisise you for that, especially as you have had little support from your supervisor.

If you have decided that bankruptcy is the best away forward, you could do that quickly by funding the cost of your own petitions - £495 each, or seeing if under the terms of your current IVAs whether the supervisor is obliged to do this as part of their duties. As your IVAs are fairly recent, you may well find that there is no provision for this and you will then have to find the money yourselves.

[rachellxx39]

Thankyou so much for your reply Mrs Skint . I know it sounds as if we are giving up but i want an end to all this . We have only been in an iva for 7 months. Everything that could go wrong has and the transfer from Clearstart to Dfd has been a complete shambles. Your right, my daughter means more to me than any debts i have . I cant cope anymore , its making me ill too. We have tried to make it work but with the news today ,she is our top priority. Thankyou for your support, very much needed. RACHELX

[rachellxx39]

Melanie , Thankyou for your kind words. Would we have to wait for a termination notice from our ip before we could file for bankruptcy? and what would happen to the money we have paid? Also because we have decided to fail our ivas ,and save the money to go bankrupt, would we be granted bankrupty or would the judge say no . Could we not outline what has happened to us this year within our ivas and my daughters problems so that he would look more favorable on us .

[Lisa2009]

It does not sound at all like you are giving up and please dont think you are.
The main thing is, you have tried your hardest and now decided its not nearly as important as your daughters future. You should be very very proud of yourself.
xxxxxx

[lighton]

Im sorry to hear it wasnt good news today.I do hope all goes well for you and your family.Im sure in a bankruptcy hearing they will understand the circumstances which have led you there.Good luck am thinking of you.

[MelanieGiles]

Some Courts will insist on a termination letter, but if you cannot get one I would go along to Court and please your case in any case. At the end of the day, all that will happen is that the case will be adjourned pending the receipt of the letter but this will enable you to put more pressure on your supervisor.

[Viki.W]

Rachel, you have honestly tried your best and I don't blame you at all for wanting to put this behind you. Big hugs for you and your daughter, thinking of you all. Viki X

[rachellxx39]

Melanie. Do you think we should tell Dfd of our plans to go bankrupt. We have cancelled our standing order to ip so we can save the money up to pay for our bankruptcy.Still have not had any reply off DFD anyway as yet ,since our ivas went to them we still have had no correspondence from them.We have no mortgage as we rent off council,our car is only worth £600 but would we be able to keep our bank account with co operative ,its only a basic cashhminder,but all my benefits go in there.

[Skippy]

I'm sorry to hear that you didn't get good news at the hospital Rachel. Your daughter is your priority now and her health is so much mire important that DFD and your debts.

The chances are the money you have paid will be used to cover the supervisor's fees, that is what happened to mine. The judge won't say no because you have failed your IVA and saved the money. I did that and he didn't even mention it. You will be able to tell the Official Receiver the whole story when you have your interview.

Going BR isn't giving up, you are doing what you have to do in the circumstances, the same as the rest of us that have done it. You have tried an IVA, and you can hold your head high knowing that you have done your best xxx

[rachellxx39]

Thanks Skippy could you answer the questions from which i asked melanie about bank account etc.?

[Skippy]

My IP was aware that I planned to go BR as I asked for a variation and he phoned me. If I were you I would put it in writing to DFD, and request the termination letter at the same time. Send this by either recorded or special delivery and if you haven't had the termination letter take a copy of the letter and the proof of delivery to the court - it might not help but it can't hurt!

You should be able to keep the Co-op account as it's a basic account with no credit facilities, and they are one of the few banks who allow undischarged bankrupts to keep an account. Explain about the account to the OR when you have your initial call and they will notify the Co-op that they have no interest in the account.

Sorry Melanie, I didn't mean to jump in!

[rachellxx39]

Thanks SKIPPY, I am relieved that this will be the end chapter regarding our debts . As you say we have tried an iva and through no fault of our own it hasnt gone too well. I am just a bit scared about this bankrupty journey, but i want to get it all sorted and not have to worry about that plus my daughter. Would Dfd be able to send me a copy of mine and hubbys debts , who we owe money to and balances ,as some of our debts since being in iva have been passed to different collection agencys . I believe we need this information .Am i right? When we get the call from or do we have to do i&e, and do you have allowances similar to iva.

[kallis3]

Sorry to hear the news about your daughter and your IVA.

What a terrible time you have had. At least now you can see the way forward and hopefully put all this behind you.

Good luck with your br and I hope your daughters operation goes ok and she will be on the way to recovery.