Hi all, I'm asking this question on behalf of my brother-in-law whose a bit of an ostritch sometimes!
He's had an IVA for over a year now but having read these forums I'm convinced he was sold a dud - so to speak.
He doesn't own his own home and his only asset is his car which strictly isn't an asset as it's still on finance. Yes they let him keep a car on finance.
Anyway, he was made redundant a few months ago and so his income has drastically reduced. He signs on for Jobseekers in between jobs and wrote to the IVA people (who are off the telly), told them the situation and asked for a few months grace. They granted this but then they've phoned him this week and told him that if he doesn't start payments again when agreed (in 2 months) they'll go to debt collectors.
Can they do this? I thought they'd just go to bankruptcy if payments were missed? I'm really worried for him cos I'm sure he's not been made aware of the full implications and he's got two little kids to provide for. He's a massive worrier and has already been to A&E for panic attacks.
All help and advice very gratefully received
I do not know any IP firm that sends out debt collectors because we are obliged to either fail the IVA or petition for bankruptcy. You are correct. It sounds like he should go bankrupt if he is not working nor in the best health. He should contact any of the firms on this forum for advice or speak to someone independent like a solicitor. He would be entitled to legal aid so cost would not be an issue.
