Hi folks ... I will keep you informed, it's very much a slow, step-by-step process.
At the moment we have completed on the remortage and have to pay the charge in order to progress which should be done, hopefully, this coming week.
I have contacted my solicitor about the ongoing lease liability, on Melanie's advice, and he was most incensed at me (in an affectionate way!) that I hadn't attended the court hearing to defend myself! And inspired me with confidence to attend Kingston-upon-Thames court on 26th Sept in person when the next hearing re the charge takes place to put my side of the story ... he is convinced that having been in an IVA the charge should not have been placed and suspects that the judge didn't know this when he ruled on the charge ... so I must attend to tell him him this and of the situation that I have really been TRYING to sort things out. My solicitor seems to think that if I tell the story as it is then there may me a modification or the charge even overruled ... having paid the charge the creditor will then have to pay ME back!! You just never know!
My solicitor is also of the opinion that, when things have been resolved, that I should also write to McCambridge Duffy for some explanation of why they dismissed the 'problem' when it first arose causing me to have to seek alternatice solutions as, like Cybus said,there was a possibility that the original IVA should have been modified to embrace the post IVA creditor. So thank you for the reference to the Insolvency Act Cybus [:)]
My main problem at the moment seems to be getting McCambridge Duffy to let me go so that I can officially appoint a new IP who will not proceed until I have some notification from McCambridge Duffy that will enable me to terminate my agreement with them. I have now, on McCD's advice, missed four IVA payments with them!
I am copying the letter I have sent to McCD below ... which essentially says it as it is.
I will keep you informed [:)]
Debbie
I trust that you will recall from my recent telephone conversations with you the unfortunate situation of a post IVA debt and ongoing financial liability arising.
You may remember that I contacted your office with immediate effect when this situation arose at the beginning of June last. Despite your best attempts at seeking a solution for me I was advised by yourselves that the only course of action looked to be to petition for my own bankruptcy. I was also advised by yourselves that I was unable to do this whilst still in what was a successful IVA. You advised me to cease payments meaning that after a period of three missed payments I would be in default of my IVA, that you would then seek to bring bankruptcy proceedings against me, essentially saving me the cost of the bankruptcy court fees.
Having now missed the necessary three payments, I am writing today to kindly request that you might agree to a termination of my agreement with yourselves so that this may leave me in a position to seek my own solutions to the situation. The likeliest solution remains bankruptcy however, having had time to think carefully about my options, I would prefer to be in a position where I can petition for this myself rather than to be forced into a corner so to speak. This will also help to bring about a speedy solution to my situation which has now been ongoing for too long a period of time.
I would therefore be very grateful if you could offer me a letter of termination that I may present to the relevant professionals so that I may commence with my own proceedings as soon as possible.
May I take this opportunity to thank you very much for all the help that you have given me in the past.
Debbie
