Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

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BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

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Thread: Iva - Default

  1. #1
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    knights templar Novitiate

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    Question Iva - Default

    Hi Folks
    ,

    Any quick comments on this one?

    Entered into IVA since 2006, payment in order until default on payment in 2008 ; wrote to IVA supervisors to accept some agreed payment to creditors in default.

    Insolvency company refuses and calls creditors meeting to discuss default notice. Notified that it has been agreed by creditors to share all payments ; furthermore all creditors notified that they can pursue me for original sum. Have been notified by one creditor that they wish to appoint a credit agency to collect debt.

    What do I do and can somebody help with this tread ?

    Knights Templar


  2. #2
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    Default Re: Iva - Default

    FAQ - What Happens If I Miss A Payment you have proved you are reliable for over 2 years,sounds unreasonable decision to me-can you appeal,have your case heard again.Tawnyowl,


  3. #3
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    Default Re: Iva - Default

    I take default to mean you missed 3 payments and the IVA company failed your arrangement. That's surprising since many of the creditors will only have had a small amount of money in those first few years. You have the options of starting a new IVA with a new company or entering into a debt managementicon plan, or dealing with the debts yourself or of bankruptcy.


  4. #4
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    Default Re: Iva - Default

    I agree with GeorgeNash, if you have failed your IVA, your options would be either the debt managementicon plan, bankruptcy or re-submitting your IVA proposals, and starting again. If you do not feel you can manage the payments proposed, you must let your supervisor/IP know so that they can review this early on, hold a meeting and prevent your IVA from failing. x


  5. #5
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    Default Re: Iva - Default

    Please help??

    I had an IVA with Debt matters in 2007, who sold it to in 2008 to Grant Thornton as soon as the supervisors charges were received from myself (£1200!). I then seperated from my wife in february 2009 who was in the joint IVA with me and subsequently suffered severe depression and even attempted suicide as a result of financial presure. I was only receiving incapacity bennefit and wrote to Grant Thornton telling them that we had seperated and I felf the IVA was no longer viable and wrote directly to each of my creditors asking them to write off the debt due to my mental health and financial issues. None of my creditors replied to me and Grant Thornton simply waited 6 months then Wrote to me in september with a failure notice! I owe approximately £15,000 should I file for bankrupsy now or ?


  6. #6
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    Default Re: Iva - Default

    Hi

    Yes, if you miss 3 or more payments and do not contact the supervisor to inform them that you are having difficulty in making the IVA payments, they can fail your arrangement, which is why it has been passed to a debt collectionicon agency. You could enter into a dmpicon until you feel ready for an IVA again.


  7. #7
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    Default Re: Iva - Default

    hi caggers,
    have not being on thread for quite awhile now;received a letter from solicitors to pay outstaning debt which was failed by IVA supervisor; how do I respnd to letter as I am not in a position to pay debt; but could arrange or make arragement pay debt in instament. I assume Abbeyicon National now Santardar may have sold the debt to a second party. Iva based on multiple debts of which I wrote to Nat. West Bank with reasonable reasons which resulted in cancellation of Nat. West debt ; Abbey National seem to want to pursue the debt.

    Any clear caggers with advice?

    knights templar


  8. #8
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    Default Re: Iva - Default

    Quote Originally Posted by knights templar View Post
    hi caggers,
    have not being on thread for quite awhile now;received a letter from solicitors to pay outstaning debt which was failed by IVA supervisor; how do I respnd to letter as I am not in a position to pay debt; but could arrange or make arragement pay debt in instament. I assume Abbeyicon National now Santardar may have sold the debt to a second party. Iva based on multiple debts of which I wrote to Nat. West Bank with reasonable reasons which resulted in cancellation of Nat. West debt ; Abbey National seem to want to pursue the debt.

    Any clear caggers with advice?

    knights templar
    Hiya KT. Sorry i can't offer any advice to you but thought I would bump this as its very similar to my current situation.

    Due to redundancyicon, I was unable to maintain payments and my IVA failed over 12 months ago. I am beginning to get some letters from DCAicon's asking for vast amounts of money from some of the creditors on the IVA.

    I'm back in work and earning a decent wage and was wondering if another IVA would be the way to go, I'd rather not go bankrupt due to losing the house which I pay the mortgageicon on.

    Getting worried as the letters are becoming more and more frequent now.



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