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Macca2108

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Post by Macca2108 » Wed Mar 19, 2014 6:55 am
Morning
My partner went into an iva 220211 and from the start was greatly misinformed , long story short he paid for a year and then the iva company have waited nearly 2 years before now asking for a increase in payments of nearly £500 . We wrote to them asking for explanations and was bamboozled with legal jargon , so after considering he had two creditors with a debt of just under £15k he would rather pay them direct and so asked for the termination of the iva , to which the iva company have asked for over £3.5k arrears or they will petition for bankruptcy ?
Understandably my partner now has no idea which way to turn ? Any advice greatly received thank you
 
 

ClareSilver

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Post by ClareSilver » Wed Mar 19, 2014 8:27 am
Was there a clause in the IVA proposal or the modifications to state that if the IVA failed, then the IP would start bankruptcy proceedings?

Is there a reason why your partner does not wish to go bankrupt?
 
 

Adam Davies

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Post by Adam Davies » Wed Mar 19, 2014 9:21 am
Hi

Problem with bankruptcy is that you partner will have to pay his disposable income into this for three years

Can he work with his current IVA company and agree a way forward ?

Regards
Andam Davies
 
 

Rickne

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Post by Rickne » Wed Mar 19, 2014 9:22 am
3 years or maybe 1 year. What determines this?
Completed via Early exit loan on year 4
 
 

Macca2108

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Post by Macca2108 » Wed Mar 19, 2014 3:34 pm
Hi , ive read through the proposal and can see no mention of filing for bankruptcy if IVA fails , the iva company have now said he owes arrears of x amount or bankruptcy basically ? All he wants to do is pay the debts and not have the iva . I cannot work out how paying £659pm over 5 years for a £15k debt works ?
Thanks for your replies
 
 

MelanieGiles

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Post by MelanieGiles » Wed Mar 19, 2014 10:45 pm
Income payments under bankruptcy proceedings are always generally for three years Rickne. Are you confusing this perhaps with the timeline of 1 year to get discharged from bankruptcy?
Regards, Melanie Giles, Insolvency Practitioner
 
 

Lisadn50

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Post by Lisadn50 » Thu Mar 20, 2014 6:17 am
I had an annual review (year 2) and my payments have gone up again since last year. DFD will be making approx £15000 out of me over the 5 year IVA. This is why I would rather go bankrupt than pay them any more money. I'd rather make 3 year more payments through bankruptcy. My original debt was approx £14000. Total amount I will be paying if I stay with DFD for 5 years (so far without any more payment increases) is over £27000. NO ONE HAS replied to my emails, faxes, letters, returned my phone calls since October last year. I have stopped my payments and still no one has contacted me. I wish you good luck and at least your IP are acknowledging your existence.
 
 

MelanieGiles

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Post by MelanieGiles » Thu Mar 20, 2014 3:14 pm
Surely your IP cannot be charging £15,000 in fees? On what basis are they permitted to take their charges under your IVA?

Hopefully now Judith has picked up on your other post, you will now get the answers you need and deserve.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Lisadn50

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Post by Lisadn50 » Thu Mar 20, 2014 9:32 pm
That is just the repayment each month added up over 5 years. I have not given any of my overtime to them over the past 2 years.
 
 

MelanieGiles

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Post by MelanieGiles » Thu Mar 20, 2014 9:43 pm
Why have you not been required to pay over any overtime, Lisa?
Regards, Melanie Giles, Insolvency Practitioner
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