hi still waiting for termination letter from synergi it has now been nine months since ive defaulted and went bank raptuancy as i could not afford synergis prices nomore i took out bank raptuancy in nov 2007 this should have gone to court in april 2008 but as synergi have not sent out a termination lettar we can not go to court i have phoned synergi no-end of times and they keep telling me - yes we are dealing with it and it be out to you shortley this has been going on since march 2008 the company who are dealing with the bankraptancy have also phoned synergi on numerous occaisons the last one was about 2 weeks ago and again synergi promise to fax them over a copy of the termination lettar and we are still waiting we even rang the courts to see if we can do without it , they said no we must have this lettar they advise us to ring synergi and to tell synergi we have been on to the courts and we must have this termination lettar -STILL WAITING. it seems to me that synergi are just not bothered or purposely witholding this lettar me and the wife are now getting very anxious as we do not want the creditors back on our back it is very stressfull on our relationship i just want this over and done with is there any legal proceedings that i can take synergi as i am now at wits end and cannot take much more off this waiting thanks cowboy
Cowboy, if you can cobble together £500, then you can make yourself bankrupt at the local county court irrespective of whether you've received a termination letter from Synergi. It's a pretty simple process with a few forms to fill in, the Court clerks are very helpful in doing this, you do though have to be able to list all your debts, name, address of creditor, account number and amount owed.
The other thing though is that if Synergi haven't issued a termination letter yet, then as far as the creditors are concerned you are still in the IVA and they shouldn't be hassling you.
How can that be? i was told by the court that they could not and would not process my BR petition without the IP's discharge letter stating that the IVA had been officially terminated.
I think it depends on the court - I didn't have a termination letter from Accuma but the court still granted my BR. However I seem to remember reading on the BR forum that more and more courts now require the termination letter.
Philip - you may not be aware of this but a lot of County Courts are now refusing to allow debtors in IVAs to petition for their own bankruptcy without a termination letter from the IP confirming that the IVA has failed.
I believe that this is the result of a Courts Service directive to counter applications made on the back of the IVA Council and other "bankruptcy assist" firms who were persuading debtors that their IVAs had been missold and that the green grass of the bankruptcy field was a far better one.
as i do under stand what you are saying
but i could not pay iva any longer i know the grass may not be greener but when your out going are over £1000 per mouth rent £500 shopping £300aprox ect ect and your incomeing is under £1600.00 and synergi wanted £570.00 per mouth bankruptcy was my only way out
Have you requested the termination letter from Synergi in writing? I was wondering if you could prove to the court that you have been trying to get the certificate for 9 months they may be prepared to go ahead without it. They might not, but you've got nothing to lose by asking.
Also, have you tried contacting your IP directly rather than speaking to admin staff? You can get their email address from the find an IP section on the Insolvency Service website - www.insolvency.gov.uk
How about just ringing the Court up and asking if it is their policy to only grant letters with this in hand. This is not a legal requirement and many Courts still do not ask for the letter.
I know this may be a simplistic view. If you cannot proceed because you have no termination letter then, as above, your creditors must feel that all is hunky dory? So until you get the letter would it be advisable to put as much cash as possible (? legal bods please guide me here, I may soon be in this same situation with Accuma)safely aside to guide you through that time when your bank account is frozen at BR?
Last edited by stressedatbest on Tue Jul 22, 2008 8:17 pm, edited 1 time in total.
If you have money in savings at the date of the bankruptcy order then this will have to be declared to the Trustee and handed over for the benefit of your creditors - so you don't really gain from that really.
thanks for all your yes i have done most of what you are saying but kingston upon thames the courts apperently need this lettar and yes i can prove that i have been chasing this letter for nine months. taking into consideration that i was paying iva for at least two years and i did recieve one lettar from one of the creditors that the particuluar debt as now been paid off this maybe a small portion but atleast it was something-still waiting for the termination lettar after they promise aweek ago they would get it out i just dont know what to do next? thanks-cowboy
