Question/Moan

[suzz]

Afternoon all i'm at home at the moment after taking my son to the hospital for an endoscopy, and i feel like a moan/to ask some questions, here goes;- can anyone please advise how long does it take before the debtors start to get really nastie we have already had one baliff to our house from a company representing EGG and i was just wondering when to expect the rest!!! we have been trying to get this iva sorted since december but it is draging on a bit so hence we have not paid anything to anyone since december 2006, we first tried one company from this site (Accuma) and they weren't interested in us due to our age (i'm half a century and my other half is just over half a century)so we then tried Thomas Charles who did take on our case (thank you ) the hold up at the moment is that we are remortgaging to offer a full and final settlement and the remortgage company have been so slow, we have spoken to people and written letters (the phone calls have seemed to eased at the moment though and i'm thinking what are they up to) my IP can't do anything till they have the mortgage offer, any way my question was how long do they wait!!! Sorry for moaning but am so fed up - and to cap it all we have had nothing but trouble with the bank ABBEY (they are not one of our debitors) they havn't been paying our mortgage but the DD/SO is still in actionand money is still going out of our account so that's another battle. I feel a bit better now i've had my moan, and my son philip (who's 20) is still asleep.

Suzz

[Skippy]

Hi Suzz, I can't really answer any of your questions but I just wanted to say that I do sympathise with you, and I hope that your son is soon back on his feet. Have you told Thomas Charles that you have had the bailiffs round?

Just out of interest, have Thomas Charles referred your case to an IP yet? I went to TC and they referred me to Accuma, and I'm surprised that they wouldn't represent you.

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

View my blog at http://skippy13.blogs.iva.co.uk/

[ivoriva]

Hi Suzz, what you probably have had is a visit from a DCA rep but not a bailiff. In order for a bailiff to visit, you would have had to receive a CCJ from the courts and not paid the amount they set in the judgement. You dont have to let a person representing a DCA into your home, or talk to them, so send them away and offer to commincate by writing or phone instead. A person representing a DCA has no powers and is simply a 'face to face' version of the calls and letters!

If a creditor does apply for a CCJ through the courts you will get official notification from the court and will have to supply your current IE and financial details and propose an amount you can afford to pay (if anything). They then pass this back to the creditor who accepts or rejects it, if they reject it then the court will set a payment as it sees fit. As long as you then stick to such payments as ordered by the CCJ, you cant be visited by bailiffs.

I dont think there is any set time for how long a unsecured debt can remain unserviced for. It could be 12 months, 18 months whatever. It probably depends on your indiviudal circumstances and whether you have enough assets (equity included) for them to take such extreme action as petition for your BR. Maybe an expert can advise you more on the likelihood of that.

[MelanieGiles]

Suzz

You do need to get the remortgage finalised before your IP can proceed, but I am sure that she will be able to do so very quickly thereafter! If there is anything you can do to speed up the process, please focus on this, as this really should not be taking the time that it is!



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

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[suzz]

Thanks all for your replies, you are right ivoriva it probably was a guy from a DCA but all the same it was a shock to have someone at the door saying they have come to sort out the debt on behalf of Moorcroft and EGG, Melanie we are now chasing our mortgage representative every day to get this sorted, thanks Skippy for asking about my son he just has a sore throat and a bit groggy still, any body any ideas which bank to change to? we were thinking of trying the co-op but what sort of account do we have to ask for.

Suzz

[Skippy]

If you want to open an account with the Co-op ask for a Cashminder account. It's better to apply in a branch or on the telephone as sometimes it's a case of 'computer says no' if you do it online. There is also the Natwest Step account, and both of these come with a debit card. Nationwide's basic Flex Account is also supposed to be good, although I'm not in the mood for recommending them as I applied for an account a couple of weeks ago and still haven't had my account number and cash card! I'm not sure about Lloyds TSB, alhough they have let me keep my bank account with them even though I am bankrupt. Abbey have also been recommended (by Dominic I think) and you don't need a great deal of ID to open it.

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

View my blog at http://skippy13.blogs.iva.co.uk/