scared if we don,t pay IVA he will be deported

[gri]

My husband has a IVA we are currently living in another country and we just can,t afford to pay his IVA but are scared if we don,t he will be deported, please help

[angela18]

hi gri, welcome to the forum. I'm sure an expert will be along soon, to offer support

[MelanieGiles]

I think the days of being deported for being in debt finished in the 1700's, but if you have a failing IVA you need to discuss the implications of this directly with your IP. Which country are you now living in?

[gri]

I think the days of being deported for being in debt finished in the 1700's, but if you have a failing IVA you need to discuss the implications of this directly with your IP. Which country are you now living in?

[gri]

We are living in Canada and our money is only worth half what it is in England we are working as hard as we can but we can,t pay everything and we are slipping into the same problems as before, I don,t no where to turn our life has been so hard my daughter has brain damage from a car accident and my son has had a spinal stroke following a routine operation and he is now left disabled. what else can happen to us as a family we lost everything in England as my son didn,t have much hope of living and I have a young daughter so my husband took time out to look after her so I could be by my son,s bedside and we fell into trouble and eventually lost everything this was supposed to be a new start and we thought we could do everything but it seems we can,t.

[Reviva UK]

Are you there on a work permit or does one of you have "right of abode"? etc

Wondering what the long term plan is ( here or Canada?)

CAN govt won't deport if you go Br in the UK - I believe as you are already there the only potential issue is if you are applying for citizenship they you would need to declare the position. However you are already in CAN and are no doubt contributng to society etc ( and their whopping tax regeime!!!) so can't see an issue for you.


3 options for going Br:-

your supervisor may petition for your Br in the event you fail the IVA ( depends upon what your creditors say and how much you have contributed into the IVA)

You could fly back to UK and petition at the High Court in London

You could hire a third party to act for you and conclude the affair without flying back.

Hope this helps

[gri]

Thanks for that. In answer to your questions, we both have 'permanent resident' status and we intend to remain here in Canada and make a new start.

Is there anything else that you can think of that would be effected if we go br in the uk?

Are you there on a work permit or does one of you have "right of abode"? etc

Wondering what the long term plan is ( here or Canada?)

CAN govt won't deport if you go Br in the UK - I believe as you are already there the only potential issue is if you are applying for citizenship they you would need to declare the position. However you are already in CAN and are no doubt contributng to society etc ( and their whopping tax regeime!!!) so can't see an issue for you.


3 options for going Br:-

your supervisor may petition for your Br in the event you fail the IVA ( depends upon what your creditors say and how much you have contributed into the IVA)

You could fly back to UK and petition at the High Court in London

You could hire a third party to act for you and conclude the affair without flying back.

Hope this helps

[Reviva UK]

If you have permanent status then you are already sorted in CAN.

You would obviously need to identify income & expenditure and assets, so you obviously have a car etc so care taken there.

You would also be liable for an income payment ageement. This is where the OR would take a percentage of disposable income towards your debts and th costs of BR.

However this would really depend upon the I?E and what is allowed etc. Quite often the allowances in Br seem to be more generous than in an IVA so you may be OK there. I can only think of 2 clients in the last 2 years that have had an IPA in Br when exiting an IVA.

What are you currently paying in the iVA?

[gri]

We pay £217 a mth which in dollars is nearly £500 bucks

[Reviva UK]

Hi

if the payments are #217 you could probably assume that the contriubtions in Br would be significantly less.

[gri]

Br meaning Bankruptcy

[gri]

And don,t you have to pay to go bankrupt

[Adam Davies]

Hi
To answer your specific question,he will not be deported.Write to your IP and state that you can't pay the IVA anymore and request that they make you bankrupt.It will then be upto your creditors as to wether they want to fund this,I would say that this is very doubtful.
Regards

[Reviva UK]

It seems that ( from the bankruptcy side of the industry) that unless there are funds available in the IVA ( from your contributions) then it is unlikely that the IVA company will make you bankrupt unless your creditors pay them to do so.

The risk for you here is that you are then outside the safety of the IVA and the creditors are free again to pursue you.

I realise you are in CAN so unlikely that they will knock on your door but you must surely want to conclude this section of your life and move on and enjoy a new life in a new country.

The costs to make yourself Br are 485 each payable in cash on the day in the high court. In theory as the creditors would be some time before they started chasing you would be able to save up for this process.

[gri]

Do I tell the IP company that we are no longer living in England? and do we have to attend court in England to go br