Is my IVA company going to breach my IVA

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Post by joanne104 » Wed Mar 04, 2020 2:05 pm
I have been on an IVA for a year. Missed one payment & had bailiffs. I went back on IVA now I had to go through homeless and jobless but my IVA ignored all that and demanded the money won't put me on payment break. Now I had an email to say they going breach my IVA then sent text to say payment is due then sent me a text saying they not going to breach the IVA.
Where do I stand
I start a job soon just waiting for DBS check .
Can I fail the IVA and go to DMP


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Post by kallis3 » Wed Mar 04, 2020 2:52 pm
Most unusual that bailiffs would be round after one missed payment. You can fail the IVA but you may find the creditors putt back on all interest an charges.
Which company are you with?
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Post by Foggy » Wed Mar 04, 2020 4:29 pm
Bailiffs will not be engaged after one missed payment ... indeed the IVA company will not engage bailiffs after two or three ! They will simply end the IVA after the third missed payment and leave the creditors to collect.

You can allow the IVA to fail --- but this isn't advisable as creditors will add back lost interest and be free to pursue you for the money ---- they do not have to co-operate with a DMP.

Which company are you with ? Did they instruct bailiffs (ask them?) or was it simply a 'courtesy call' by an office junior to follow up on a missed payment.
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Post by Lisa Thomas » Thu Mar 05, 2020 11:34 am
Who instructed Bailiffs? That does not sound right at all.
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Post by Shaun Vickery » Thu Mar 05, 2020 12:14 pm
Personally I've never heard of bailiffs being instructed for a missed IVA contribution, perhaps it was one of your creditors who wasn't aware of the IVA and was pursuing the debt through other means? If you have extenuating circumstances it's always worth talking to your IVA firm to see if they can give you a payment break, but failing the IVA may not be the best thing for you as you are then putting control back into your creditors' hands.
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