Post IVA creditor attained a high court writ 4 payment & bailiff is due in 5 day

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kaye
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by kaye » Mon Jul 24, 2017 4:58 pm
I am in an Iva, and have a post Iva creditor who has attained a high court writ for payment and bailiff is due in 5 days, my supervisor has said she can't do anything to help, what can I do?
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kallis3
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by kallis3 » Mon Jul 24, 2017 5:13 pm
Hi,

All of your unsecured debts should have been included in your IVA.

Where has this debt come from?
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Foggy
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by Foggy » Mon Jul 24, 2017 5:16 pm
What is this debt in relation to? You should not have been able to take credit post the start of the IVA.
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Michael Peoples
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by Michael Peoples » Tue Jul 25, 2017 9:24 am
You could possibly seek bankruptcy which could offer some form of protection. Your supervisor cannot help for debts run up post IVA and this in itself is a breach. Your supervisor may issue proceedings against you anyway but this would take time.
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Lisa Thomas
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by Lisa Thomas » Tue Jul 25, 2017 11:26 am
How did you incur new debt post the IVA?

Your Supervisor is right - they cannot help with post IVA debts.

You need to deal with the debt in one way or another but your IVA is also at risk of failure.

How much is it?
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kallis3
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by kallis3 » Tue Jul 25, 2017 11:34 am
Unless bailiffs have a court order, whatever you do, don't let them in - make sure all doors and windows are locked otherwise they can enter.
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kaye
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by kaye » Tue Jul 25, 2017 9:19 pm
The debt is for £30,000, it was incurred as I assigned my previous business and the assignee decided to file a civil suit for compensation as he said the business assigned to him was worthless, I have told him via solicitors that I am in an Iva and have no assets and can't pay, I am also at risk of losing my current business my children and my husband, totally beside myself with worry and really do not know what to do?
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Lisa Thomas
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by Lisa Thomas » Wed Jul 26, 2017 8:05 am
Depending on your assets Bankruptcy might well be in order as Michael suggested.

Why are you at risk of losing your family?
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kallis3
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by kallis3 » Wed Jul 26, 2017 8:09 am
It maybe the straw that breaks the camels back?
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kaye
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by kaye » Wed Jul 26, 2017 10:37 am
Am at risk of losing my family as my husband will not tolerate me in his or the children's lives because of this situation.

How will I manage to keep my current business if I file for bankruptcy?

I have no assets and my business only has cooker fridges freezers table and chairs and is leasehold.
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Michael Peoples
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by Michael Peoples » Wed Jul 26, 2017 12:59 pm
If you do not have a family home with equity then the family should be unaffected. However the business could be affected as the assets could be taken unless someone was prepared to buy them for you. You should speak with your own IP and see what advice they can give you as you are still a client of theirs.
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kallis3
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by kallis3 » Wed Jul 26, 2017 1:06 pm
Can you sit down and talk this through with your husband? How old are your kids?
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