My housing association is trying to evict me for arrears that are being paid by IVA.

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Marie.75

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Post by Marie.75 » Sat Sep 19, 2015 4:33 pm
My housing association is trying to evict me even though the rent is being paid. They are trying to evict me for arrears which are being paid through IVA.
 
 

kallis3

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Post by kallis3 » Sat Sep 19, 2015 4:38 pm
Hi and welcome

I think you need to speak to your IP company about this as I have no idea whether or not they can try and evict you.

Hopefully one of our more knowledgable posters can come along and help.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

lifenoteasy

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Post by lifenoteasy » Sat Sep 19, 2015 4:47 pm
See

http://www.zenithchambers.co.uk/cms/doc ... to_run.pdf

If this remains valid then your seriously need to get help via CAB etc.

They are attempting to evict based on the fact that you are in arrears - not reclaim the money.

It is because being in arrears is a breach of the tenancy agreement.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Foggy

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Post by Foggy » Sat Sep 19, 2015 4:55 pm
How much are the arrears ? Can your IP allow a break in the IVA so that you could put the missed payments towards settling the arrears and moving forward ?

This might need a meeting of creditors to agree, as it is technically favouring one creditor over the others, but in the circumstances they might agree.

I question whether this should have been taken into consideration at the start of the arrangement and the solution built in.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Shining

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Post by Shining » Sat Sep 19, 2015 5:20 pm
Hi and welcome, I too urge you to speak to your IP as you cannot be homeless - if the arrears were make a part of the IVA then they will get their dividend but obviously don't want to wait.

Very tricky ground but one thing you don't want is to be made homeless so contact your IP first thing Monday.All the best and do update us.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
 
 

lifenoteasy

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Post by lifenoteasy » Sat Sep 19, 2015 8:43 pm
Agree with foggy.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
 
 

Michael Peoples

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Post by Michael Peoples » Mon Sep 21, 2015 9:04 am
The Insolvency Service allows rent arrears to be paid in bankruptcy even though it is a preference as it can lead to homelessness. I am surprised your IP did not make an allowance for the arrears to be repaid rather than including them in the IVA.

You need to speak with your IP and get them to sort this out as they were the ones who advised you to list the arrears in the IVA.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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