www.iva.co.uk

My Argument to "the Major" - dont use the "right to solutions to debt" as a human right issue - as you do an injustice to human rights

Remember With Human rights comes self responsibility.

Ginger

Its not down to you to question any judgement or indeed judge anyone in bankruptcy, both parties IVA or Bankrupts are insolvent both parties should be helped not judged, dont forget they get an IPA in bankruptcy now for three years, they just dont have to pay IP fees with similar payments in an IVA the main difference is a bankruptcy cannot fail where an IVA can.

Hi Major! I mean your point is interesting because when entering an iva one chooses to repay a pc of their debt rather than endure a DMP for however many years/decades it takes to repaymtheir debts in full. We put a limit on how long we want to spend repaying our debts so aren't in a position to comment to others who select BR as a first choice as they are making the same decision but have a lower tolerance for the time limit. It's not so black and white.

If you read again what i have wrote - to will find i did not question anyones one debt solutions.

What i questioned is your right to use "against human rights" (for your argument for bankruptcy) - and your clear misunderstanding of what "human rights" means

Please guys, can we keep this friendly?

Hi Broke

I agree entirely and its great to live in a country where we can be cured from a financial desease and get to chose the treatment in curing that desease.

Hi Ginger

Fancy a pint

I'll have one with you!

sounds good to me - as i live in Scotland - it has to be an old( 12-15yrs) single malt - loads of ice.

To the Major - two points

The case I referred to is genuine, to the best of my knowledge as it was mentioned to me by a reputable solicitor. If you would like to contact me off-line, I may be able to dig out some more information on this for you.

I have often seen Courts refusing to make bankruptcy orders until a person has taken professional advice as to whether an IVA would be possible, indeed I have often been asked to provide such advice by the respective Court - and just for the record in every single case I deemed bankruptcy to be the best option given the attitude of the client towards their creditors.

To state that fees are not payable in bankruptcy gives an incorrect impression. I am sure that you are aware that 17% of all realisations in bankruptcy are payable as an Ad Valorem Charge, and on top of that there are Official Receiver's and Trustee's fees - often making the money paid in under an IPA or IPA completely absorbed in costs leaving nothing for creditors.

And as we are having a lively debate, perhaps you could share with me your thoughts as to the hardening of the OR attitude to disposable income under bankruptcy proceedings, which I am told by a friend of mine who runs a reputable bankruptcy assist firm is now very apparent in the geographical area she operates in.

Hi Major - I struggle with the idea of not repaying my debts in full But at some point the survival instinct overtook my principles!! It was only your post just now that made me realise that I chose not to repay in full so I am not doing the best i can for my creditors so haven't a leg to stand on when it comes to discussing BR as a first choice debt solution.

Mel - we just been told off - as this conversation was getting a bit OTT

Oops sorry - I don't mean to fuel anyone's fire, but I do genuinely respect the Major's work on this forum. He (or perhaps she!) is always is very robust in comment, and passionate about their beliefs, which is similar to the way I operate - and none of us can be right all of the time, and this profession needs a variety of viewpoints.

So long as the debate is polite, I think it is healthy as well - and I'll share a virtual pint with all of you tonightm, given that I am housebound with a pair of poorly, teething pups!

Single Malt (12-15years) old - load of ice

Just a coke for me x