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Posted: Thu Apr 09, 2009 5:25 pm
by corry.l
I have a friend who has just been told they have defaulted on their IVA and as such will be made Bankrupt. Her husband in in the Army currently serving in Afganistan. They have never missed a payment, the default is to do with pay statements that should have been received by 5th April - These were sent on the 31st March. The IVA company says they have them but since they were late they are in defaut.... How do they stand on this issue...

Posted: Thu Apr 09, 2009 6:37 pm
by kallis3
Hi,

Usually what happens is that you are in default if you miss three payments. If your friend is not in arrears, then I cannot see how she is in arrears.

I would suggest that she contacts her IP direct via this link:

http://www.insolvency-service.co.uk/newipsearch.htm

If the payments are up to date I don't think there will be a problem.

Posted: Thu Apr 09, 2009 6:53 pm
by Adam Davies
Hi
As long as your friend has rectified the default then all will be usually be OK. Seems very harsh to fail the IVA because of late information.
Ask yor friend to speak directly with their IP
Regards

Posted: Fri Apr 10, 2009 5:44 am
by David Mond
Sounds ridiculous - who is the firm or who is your IP?

Posted: Fri Apr 10, 2009 11:21 am
by corry.l
The company she is with is 'Blair Enderby'. They also advised to to cancel her Standing order. I told her this was the worst thing she should do since then she would default. She is 3-years into the IVA and has never had a problem. With her husband being in the Army, Pay statements are often late and with him serving in Afganistan at the moment she is not receiving the pay slips whilst he is away and so cannot forward them to their supervisor - their resoponse when this was mentioned - Well that is not our problem....

We finished an IVA just over 1-year ago with Neville Eckley and they were fantastic and very supportive!! It is a shame companies like Blair Enderby are like this...

Posted: Fri Apr 10, 2009 11:41 am
by kallis3
Blair Endersby do post on here, so hopefully they will see this thread and answer it.

I do recommend that they email direct though via the link I posted earlier.

Posted: Fri Apr 10, 2009 2:25 pm
by tiggivon
hi. i will be getting a letter about defaulting too. but thanks to david speaking to kingsgate and my ip i have resolved the forthcoming letter. i had a tearful phone call with my ip who spent a long time reassuring me that they have to send the letter and because i have sent in examples of unpaid bills and sick notes and have said in my case i can extend my iva and start payments again at the end of april it has helped. if it hadn't been for this forum and people supporting me i think i would have given up. please tell your friend to hang in there as i know how i have been feeling and i have been advised that the ip works for me not my creditors.the letter re default is standard but in your case i think they need to confront their ip re this. it sounds unfair. all the best i hope this helps a little. and thanks gain to everyone here i do feel so much more supported by the people here.

corry.l wrote:

I have a friend who has just been told they have defaulted on their IVA and as such will be made Bankrupt. Her husband in in the Army currently serving in Afganistan. They have never missed a payment, the default is to do with pay statements that should have been received by 5th April - These were sent on the 31st March. The IVA company says they have them but since they were late they are in defaut.... How do they stand on this issue...