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Posted: Wed Sep 24, 2008 9:19 pm
by stevendn
im currently in an iva.ive occured a debt which is outside of the iva, and the client wants to make me bankrupt.being im in an iva can they make me bankcrupt.
Posted: Wed Sep 24, 2008 9:34 pm
by Viki.W
Hey stevendn, welcome to the forum. Did you borrow money after your IVA was approved or did you borrow it before the IVA but didn't mention it to your IP?
Posted: Wed Sep 24, 2008 9:42 pm
by stevendn
it wasnt money i borrowed .i was sacked by firebrigade and they overpaid me.after the iva.they now want money back .
Posted: Wed Sep 24, 2008 9:42 pm
by plasticdaft
You cannot incur a debt outwith your iva without approval from your ip. Your ip could be forced to fail your iva so I would be on the phone 1st thing in the morning to let your IP know whats happening.
Posted: Wed Sep 24, 2008 9:51 pm
by Viki.W
Ok Steve, you really need to speak to your IP who will probably want to put this to creditors, how much is it?
Posted: Wed Sep 24, 2008 9:53 pm
by Viki.W
......and how much are your monthly IVA payments?
Posted: Wed Sep 24, 2008 10:15 pm
by kallis3
Were you aware that they had overpaid you? If so, you really should have informed them and paid it back.
You do need to contact your IP as soon as possible and fill him/her in on the circumstances.
Posted: Wed Sep 24, 2008 11:58 pm
by MelanieGiles
To answer the specific question - yes you can be made bankrupt for a debt which was incurred after the IVA had commenced. I suggest that you engage the assistance of the Citizen's Advice Bureau who have good links in the public sector and ought to be able to talk to your former employer about some sort of sensible repayment plan which could work side by side of your IVA with your Supervisor's agreement.
Only token payments would be able to be made during the lifetime of the IVA, but these could be increased once the IVA has concluded. I am sure the Fire Brigage would not want the adverse publicity of making one of its former employees bankrupt. Were you a serving officer or civilian staff?
Posted: Thu Sep 25, 2008 9:05 pm
by whoswho
Is going bankrupt so bad for your circumstances?
Posted: Thu Sep 25, 2008 10:31 pm
by MelanieGiles
Probably not as bad as most people think - but everyone's circumstances are different so it is difficult to generalise on this point.