What are my options and what are the timescales?

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ShortnCurlies

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Post by ShortnCurlies » Mon Jun 11, 2007 9:12 pm
Hi,

Please excuse the life story...

I've been trying - unsuccessfully - to balance my debts for the better part of 4 years and am somewhat bitter about the banks' complete lack of interest in helping me get out of it (for instance I've been told TWICE by Barclays, once by Abbey and once by MBNA that they won't help me consolidate ALL my debts into one manageable payment, but will go halfway if I take out a credit card with them at 20% interest rate and start stuffing the groceries on that!)

It's finally reached the point where the total value's exceeding £40k and I'm sick to death of trying to do the impossible when as soon as it looks like we might be balancing it off, something else happens.

I live in a rented house with a wife and three children (two at school and one starting in September), it's a bit shabby with lots needing doing to it, and the landlord would make Rigsby look like an altruist, but it's the cheapest house I can get that isn't stuck in a war-torn inner city ghetto. We've been shafted by two other landlords in the past 5 years, leaving us out of pocket, so are now operating on the basis that if we don't rock the boat, maybe we won't get cornholed a third time.

In trying to keep our head above water, we've sold all our assets besides the essentials; the only "luxury" items we still have are a couple of second hand TVs, a couple of second-hand computers, and a printer.

My wife's at university, so she uses a laptop that's almost 4 years old paid for out of her loan; my eldest son has a 7 year old donated PC for homework, and I have a computer that's 5 years old and which I bought second-hand. Even with the monitors they're not worth much more than £50 each.

I work away from home a lot on public sector contracts so it's not unusual for me to clock up £300 worth of fuel and dinner expenses in a month, but my basic pay's less then £25k a year gross (£1400 a month net) and by the time you take rent, council tax and groceries out of that (£1000) there's barely enough to cover my legitimate expenses let alone the £100s of debt repayments.

My employer's good at repaying my expenses promptly but they are still carried over to the next calendar month.

I'm in a real quandary as to which direction to take.

Bankruptcy's possibly the best option on the basis that I can't possibly afford to pay back more than a fraction of what I owe, but it would probably affect my job (which involves security clearance for some clients, but not all). I also don't want the house cleared out of the few remaining assets we have left either, because we do actually need them and they aren't worth squat (our main TV cost £18 second hand, for example).

IVA's looking like the best option but I have absolutely no idea what the timescales are like in applying for one. I read something here to the effect that it'll take months? What do I do in the meantime?

Assuming I've got all the paperwork straight, how long am I going to have people knocking on the door before the scheme's put in place, and if it involves bank accounts and credit cards being closed off completely, how would I do a job which involves using a company car, staying in hotels and paying for my own food and fuel?

Thanks ever so much for your assistance.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jun 11, 2007 9:24 pm
Hi there and welcome to the forum

An IVA should not take months to put together - but it may take a couple of weeks whilst your IP gathers up all of the information and confirms your creditors balances. If you are able to produce all of the information to support your debt, a rental agreement, and wage slips and bank statements for the last three months, this should be able to be processed fairly quickly.

I would suggest that you keep one credit card to fund your work related expenses, on the basis that this is repaid in full at the end of each month and fully disclosed to your other creditors. I have dones this successfully for a number of clients in the past, and seems sensible given the need for you to fund various expenditure up front.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

ShortnCurlies

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Post by ShortnCurlies » Mon Jun 11, 2007 9:58 pm
Thanks for the info. The other complication with getting the IVA arranged has been the logistics of working away - I did contact a company last year and got as far as starting the SOA, but then got dragged off on a contract and ended up moving from one hotel to the next for several weeks on the trot and just didn't have the time to do the paperwork.

I'm in the same boat now but will take holiday to get it sorted, if that's what it takes!

Do I need to inform my landlord if I'm taking out an IVA? I wasn't joking earlier - he's sent out eviction threat letters to people based on £10 rent arrears, so the one thing I've made absolutely certain of is that he's the first to get his pound of flesh when the wages go in.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jun 11, 2007 10:16 pm
Hi

Yes you should advise your landlord as he is a contingent creditor depending on the type of lease you have with him. I would not have thought you being in an IVA would cause him any difficulties, providing you are up to date with your rent payments.

I suggest a weekend at the paperwork to get it all together, and then find someone to act on your behalf. A lot of the work can be done via e-mail these days, so once you have the paperwork together you should be able to contact your IP at any time.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

ShortnCurlies

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Post by ShortnCurlies » Tue Jun 12, 2007 9:44 am
Hi,

Thanks again.

I'm guessing that the total debt in my name is £40k.

I take home £1400 (net), with a utilisation bonus paid per quarter which is never more than £300 and can be less than £100 if there's a quiet spell.

On the outgoings, I pay £525 for rent & council tax, £100 for utility bills and £100 for personal fuel, and a month's worth of shopping comes to about £300.

On top of that are business expenses and fuel, which ideally I'd put onto a credit card and have the company pay it off - it's either that or have a fuel card but I guess I'd be caned by the taxman so I guess it's a false economy?

On the side, there's my wife who is still studying and gets child tax credits. At the moment she's not working at all, but a part time job is possible. The only "income" she has is a student loan which of course has to be repaid (although according to the Inland Revenue it's still household income). She also has debts, but they're student debts and she's managing them OK.

Out of curiosity, what would you (or any of the other experts here) suggest would be the best approach not only in terms of my job arrangements but also my wife's?
 
 

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Post by MelanieGiles » Tue Jun 12, 2007 9:48 am
Hi

That is difficult to advise on without seeing the full facts of your case. I suggest that you now find an insolvency practitioner to give you advice on all options available. The first point to nail down is the level of disposable income you have remaining having taken account of all household and general expenditure.

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
Regards, Melanie Giles, Insolvency Practitioner
 
 

ShortnCurlies

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Post by ShortnCurlies » Mon Sep 24, 2007 11:08 am
Hi,

Just a quick update - still trying to get things sorted out.

I've been deluged by cold calls from IPs I've never even heard of, one of which seems to be offshored to some call centre in India who wouldn't even tell me who they were - and I've now told them about three times not to call me again.

Another company (House and Home, or summat) gave me the contact details for someone based in Yorkshire - by that time I'd completely lost track of who I'd been talking to and rang that number instead of another one I had written down.

At least the guy there seemed to have an idea what he was wittering on about.

I was on the phone for a bit but the guy on there suggested that a DMP might be better than an IVA if my wife's likely to go back to work in the next couple of years and my wages are more likely to go up than down (as her income won't have to be included).

Based on a ballpark figure he reckons I could get an agreement to pay £300 a month back to the creditors, with the first £300 payment being the setup fee and with ~15% of the subsequent repayments being taken as a handling fee.

He also says that when setting up an IVA, you have to start with a DMP first. Does that sound correct?
 
 

Adam Davies

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Post by Adam Davies » Mon Sep 24, 2007 11:33 am
Hi
Firstly just to correct the info that you have been given you DO NOT have to start a DMP first in order to get an IVA agreed.Did he tell you that a DMP will take you 13 years to pay off IF you had the interest frozen by all creditors.
You need to speak with an actual IP and se what they advise,you seem to have been dealing with debt management companies.Try the firms that post here,they are all bona fide.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
 
 

ShortnCurlies

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Post by ShortnCurlies » Mon Sep 24, 2007 11:57 am
Cheers for that; I think I'm going to have to do a bit more investigating.

The IP they referred to, said the DMP would run for a very long time if I only pay off the minimum amount, but that I could always go into an IVA at a later date. OTOH if my wife goes out and earns the same as me, DMP would leave us with a lot more disposable income as she'd be under no obligation to contribute to it.

He also said I could have a credit card and bank accounts under the DMP as long as I open them before I commence, they aren't in any way connected to any of my creditors, and I owe nothing on them when the DMP starts.

That would be advantageous as I have company expenses (fuel etc) which get reimbursed monthly in arrears. My understanding of an IVA is that I'd lose that option, which isn't great if you think that I can easily rack up £150 a month just on fuel costs, not to mention food and hotel bills...

I did start a conversation with ClearStart last year but ended up putting it on hold because it was a logistical nightmare trying to actually be at home long enough to get everything together - but they haven't responded to my attempts to get back in touch to start the ball rolling again. They did in the first instance put me onto an IP, but I've lost his contact details.

Sorry to ask a heroically dumb question, but what's the difference (procedurally) between speaking to an organisation like Clearstart, and talking directly to an IP? What are the pros and cons of doing one rather than the other?
 
 

aguise

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Post by aguise » Mon Sep 24, 2007 1:35 pm
Hi ther Fill in Melanies contact form you wont do any better.

Ang

Please visit my blog at http://aguise.blogs.iva.co.uk/
Please visit my blog at http://aguise.blogs.iva.co.uk/
 
 

MelanieGiles

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Post by MelanieGiles » Mon Sep 24, 2007 1:39 pm
Whoever you choose to represent you - do make sure that you have direct contact with the insolvency practitioner who will be representing and advising you. Make sure that they explain all of the options to you carefully so that you can choose the right road to financial recovery. Things must be getting a lot worse for you on the creditor front if you have been deciding what to do for the last three months, and do have a read of my blog which gives useful tips on choosing the right advisor.

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

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp
Regards, Melanie Giles, Insolvency Practitioner
 
 

Adam Davies

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Post by Adam Davies » Mon Sep 24, 2007 4:25 pm
Hi
Just to add that a DMP will not sort your debt problems out long term,it may give you time to consider your options but if you really want to address your debts you will need to enter into an IVA with all the sacrifices that it takes and that will include having no further credit.Your IP can sort out your expenses by way of alowing one card,to be paid off monthly or by you having a pre-paid credit card.
In the larger companies you will find it hard to speak with an IP,you will often find it hard to get past the IPs assistants.
Regards


Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
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