why did'nt the ip ask for an adjournment

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pisces girl

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Post by pisces girl » Mon Mar 17, 2008 10:18 pm
have been told today that our proposed iva failed. apparantly one of my partners creditors said no. all my creditors agreed.
why did'nt the ip ask for an adjournment,or ask to negotiate. the meeting with the creditors took place last week wedneday 12 march. what can my partner and myself do about this, if anything. the company in question told us to go bankrupt,as the iva did'nt succeed. we don't want to go bankrupt we want to pay please advise
we feel quite lost
kind regards
pisces girl
many thanks
 
 

MelanieGiles

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Post by MelanieGiles » Mon Mar 17, 2008 10:27 pm
Hi pisces girl and welcome to the forum

Those are questions that you will have to ask your IP - but it does seem strange that no effort was made to approach the creditor. Which IP firm are you using and which creditor is involved?
Regards, Melanie Giles, Insolvency Practitioner
 
 

pisces girl

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Post by pisces girl » Tue Mar 18, 2008 8:09 am
the ip company is clearstart and the creditor is barclays.
pisces girl
 
 

debbiw

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Post by debbiw » Tue Mar 18, 2008 9:21 am
Hi Pisces girl, You can always start a DMP with your creditors and get another company to deal with another IVA proposal. Seems really strange Clearstart doing this, as they have quite a good reputation on this forum. x
 
 

ianmillington

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Post by ianmillington » Tue Mar 18, 2008 9:27 am
Barclays are generally receptive to IVAs.

Has any reason been given for the rejection?

Ian
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PDHL Ltd (formerly Personal Debt Helpline Ltd)
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MelanieGiles

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Post by MelanieGiles » Tue Mar 18, 2008 10:01 am
Unusual for Barclays to reject - there must be some flaw in your proposal. Your IP does need to adjourn this to allow more time to negotiate with Barclays and at least be able to produce a reason for rejection - this is now a requirement of the IVA protocol.
Regards, Melanie Giles, Insolvency Practitioner
 
 

pisces girl

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Post by pisces girl » Tue Mar 18, 2008 10:17 am
clearstart are not interested in giving dmp and put us onto a bankrupsy consultant. this did not impress me. and to be honest i can't remember the reason why barclays rejected the iva. Because when the guy told me it had failed my brain froze and did'nt really hear the reason why because i was in shock.
pisces girl
 
 

ianmillington

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Post by ianmillington » Tue Mar 18, 2008 10:20 am
I can only suggest you get a second opinion about your situation.

Ian
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PDHL Ltd (formerly Personal Debt Helpline Ltd)
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debbiw

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Post by debbiw » Tue Mar 18, 2008 10:21 am
Hi, I would ring Clearstart back, and find out the facts. I'm sure there are other options besides bankrupsy. What is the total debt amount, and how much were you proposing.
 
 

pisces girl

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Post by pisces girl » Tue Mar 18, 2008 10:50 am
the total dept amount for the both of us is about 23k.
 
 

ianmillington

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Post by ianmillington » Tue Mar 18, 2008 10:57 am
As Melanie has indicated. Barclays do not tend to reject IVAs without good reason, and there must have been some flaw in the proposal - most common is that they perceive a lack of viability.

Debbi has a point. Get hold of Clearstart and ask them for an explanation as to why it was rejected. It is only fair to give them that opportunity. If we know the reasons for the rejection we may be able to say whether it's worth a second go.

Ian
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Adam Davies

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Post by Adam Davies » Tue Mar 18, 2008 11:04 am
Hi
What monthly payment were you proposing ?
Regards
Andam Davies
 
 

pisces girl

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Post by pisces girl » Tue Mar 18, 2008 11:17 am
i am waiting to hear from the meeting department at clearstart for the reason from barclays and the monthly payment £157 for my partner and £67 for me
 
 

ianmillington

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Post by ianmillington » Tue Mar 18, 2008 11:19 am
Sounds to me like it might just be on viability grounds given the relatively small payments allocated to each of you. Let us know what clearstart say.

Ian
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PDHL Ltd (formerly Personal Debt Helpline Ltd)
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pisces girl

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Post by pisces girl » Tue Mar 18, 2008 11:29 am
do you think there is room for negotiation with barclays.
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