IVA declined!

[redshocker]

I have about £30,000 of debt with 6 different creditors. Ive been paying money I havn't got every month so I tried to start an IVA. I paid them over £500 to check out my case. I was advised to change my bank account and stop paying large amounts and refer the creditors to them. This I did but interest was being added on all the time. It took 5 months and it finally came back that it was declined.The debt is now bigger than it started and my phone rings day and night with people chasing me. I dont answer the phone anymore because im frightened to talk to them. I dont know where to start and which way to turn. Can anyone help me please?

 

Info about me: Im a single mum, I work part time, I rent a house and I own my own car but dont think its worth much.

[BankFodder]

I think that you should consider bankruptcy. We are getting very positive reports about the sympathetic way that bankruptcy applications are being treated and the way that interviews are being conducted.

 

have a look at some of the threads in this forum about it.

 

I think that you will feel very reasssured.

 

You have given them a chance with an offer of an IVA. They have refused. Now they face the consequences.

[loobyloo85]

Hi there

 

Have you considered entering into an IVA? Upon approval of this, all interest and charges would be frozen, and you would need to maintain a monthly payment for 5 years and then the remainder of your debt will be written off.

[redshocker]

I tried an IVA but its been declined which is why I started a thread asking for other help. Thanks anyway.

[postggj]

iva is not my area so shooting in the dark

 

who decides if an iva is not viable and can it be appealed

[AA99]

And who the heck did you pay £500 to in order to be told that

[postggj]

me thinks this is one of these claim management co

 

con men

[Big Boss Man]

I tried an IVA but its been declined which is why I started a thread asking for other help. Thanks anyway.

 

Sorry to hear about your problems, i was very concerned to read that you paid such a large amount to a company for an IVA and then they decline you !

 

Have you tried Debt Free Direct, i entered into an IVA with this company, they never charged any upfront fees, at first they did decline my acceptance, because the creditors would not receive enough money back, after sevaral conversations with the company and creditors they agreed my acceptance for the extremley low amount of 17 pence in the pound, at the end of the day it was either this or nothing.

 

I entered into the IVA before i found this website, knowing what i know now i would probally do it myself, possbily stressfull etc, may be you could attempt the DIY solution.

 

In any event i hope you get things sorted, take care.

[spitfire650]

You should certainly look into bankruptcy as suggested by Bankfodder. In all likelihood you will be discharged after 12 months and unless you have an expensive car the OR won't be interested in that.

 

Rather than paying for further advice, you could just call the nearest Insolvency Service Office and talk to someone there.

 

Good luck!

[Jan4a]

What a nightmare - it shouldn't have took them 5 months to tell you No. I'm assuming its a claims company. Did all your creditors refuse the IVA or just one?

 

Licensed Insolvency Practitioners are regulated, I think by the Institute - are these claims companies?

[phat256]

hi red shocker have you contacted the natinal debtline for advise . they are really good and non judgemental.

 

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

[sequenci]

hi red shocker have you contacted the natinal debtline for advise . they are really good and non judgemental.

 

National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000

 

I fully agree. You need some free (and more importantly holistic) advice. Give NDL a call. To be honest based upon the brief info given within your thread I would imagine an IVA would have been TOTALLY the wrong option for you.

 

Best wishes,

 

Seq.

[Mr Worried]

I tried an IVA but its been declined which is why I started a thread asking for other help. Thanks anyway.

 

Hi

 

On what grounds were you refused, did you attend the meeting? the reason I ask is because a few yr ago I too with the advice from a so called debt management company tried to go iva, handed over £5/600 quid and a week later they said did not have enough debt??

 

Back then I was so niave so welcomed any help that took away the grief from me and my telephones and letterbox.

 

Ask for the report, because if your representitive is like mine then they done nothing but ' drink ' the fee and lied to me.

 

Mr W

[Ginas1401]

If I were you I would opt for bankruptcy. I'm in the same position as you, single mum, rented house, car on finance. My B/R went through in August. I was terrified, but now that I look back it's the best thing to happen for me. Loads of debt from my ex husband, bills mounting up, house repossessed. I owed in the region of 75k.

The Official Receiver was fantastic. They have said my car is exempt; I have no payment plan in place

I would seriously consider it if I was you. How much is your total debt??

[loobyloo85]

Hi, sorry about my post above, must've been on a different planet!

Unfortunately until the IVA is set up, the creditors will continue to add interest onto the accounts, however I am sorry that you have ended up with an increased amount of debt.

You could either enter into a debt management plan or look into the bankruptcy option.

With the debt management plan, you could pay an affordable amount each month until your debt is cleared in full. You can end this arrangement whenever you want, therefore if you decided to try again for the IVA, or go bankrupt in a years time, you could apply for this then. At least with the debt management plan, you have less pressure of making payments and dealing with correspondence yourself - the company would deal with it for you on your behalf. You would also not notice the amount coming out of your bank, as you can set up a standing order or DD for your payment.

With you having no assets of a high value, you would not lose anything by going bankrupt,however it does carry a stigma attached to it, such as affecting promotions, employment and future credit.

Also, with you working, you could be asked to pay into an income payment order in bankruptcy where you would be required to pay in a monthly payment each month for 3 years until discharged.

 

Best wishes

[Jane1960]

Hi to all,I am at the moment receiving advice & help with filling in Papers for Bankruptcy,But it Scares me ridged,My husband went off in March leaving me with all the Debt,The House was repossesed in August,So i am now in Rented accommadation,Single Mum,i work from home & need a car for my work,But have been told that the OF could class it as an asset,the car is on Finance but agreement with my son in law,i am so scared it will be taken he will lose out & i wont be able to afford another car & so i will not be able to do my work,(i am a curtain maker,so need a vehicle for collecting & dropping off the work).

If i dont do the Bankruptcy i will then be responsible for the shortfall on the Repossession although it is in joint names the mortgage was based on my husbands earnings,But the mortgage company doing nothing to find him & his whereabouts although i have given them forwarding work addresses,telephone numbers added to this all the other debt,i will have to find around £75-80,000,The Bankruptcy just scares me so much,I just need a little enlightenment from a fellow Cag member,A bit of an insight as to how they dealt with it all,Please can anyone Help

[phat256]

hi jane dont be scared of BR , it get easier and you will feel a lot better once the deed is done.

regarding the car if you can show to the OR that you need it then you will be able to keep it.

regarding the house dont sing a deed of acknowledgement.

 

if you have uqestin on your own please start a thread we will help you.

[WelshMam2009]

SORRY - HAVE MIXED UP OP AND LATER POSTER...

 

JANE1960, believe me Girl, if I was in your shoes I would be filing for bankruptcy.

 

This is the official insolvency site for you to take a look at...

The Insolvency Service Website

 

I'm pretty sure that if you need your vehicle for work then the Official Receiver will let you retain it, providing that it's a reasonable value and not a Ferrari or the likes.

 

Given the shortfall in the house repossession, I feel it's the only way you're going to get a fresh start, otherwise you are going to be harangued for years to come.

 

As Phat has said, best start your own thread for specific advice.

 

REDSHOCKER - Personally am not a fan of IVA's but at the very least, I would be pursuing the company concerned for a refund of my £500. I agree with Bank Fodder that you should investigate bankruptcy...see link above for the Insolvency website.

 

Regarding harassment...take a look at this link and, if you do happen to speak to them, tell them that you are only willing to communicate in writing....oh, and don't get fobbed off the with the line "...but we're a telephone bank!!"

 

http://www.consumeractiongroup.co.uk/resources/templates-library/52-harassment

 

Best of luck both!!

Edited September 30, 2009 by WelshMam2009
Jumbled up!!

[Ginas1401]

Jane please try not to be so scared. My total debt was around 75k but i was made bankrupt by statutory demand and didn't fight it. Although it frightened me I knew it would be the best thing for me in the long run. I also have a car on finance, and the OR has deemed it exempt. The finance company are also happy for me to keep it although I am now bankrupt as I have never missed a payment on that agreeement.

My house was repossessed after I split from me ex husband. The shortfall is 45k. I now don't have to worry about it. My ex forced it to the point of repossession so now he can take the consequences.

My OR was brilliant. I couldn't have asked for someone more understanding. I can now sleep at night without worrying all the time. I wouldn't hesititate if I was you. If I can help you at all, please ask! x

[AA99]

Redschocker, I do hope some of this sound advice is helping you cope. I also have fallen into a lot of debt and my creditors have been less than understanding despite what they pretend to portray. I have looked seriously into bankruptcy and my main concern was my vehicle. I understand that one was allowed to keep a car valued £2k or less but that has now risen to a value of £4k.

[Jane1960]

Thankyou Thankyou to you all,But what did you mean when you said do not sign a deed of Acknowledgement,Also how do i start a new Thread

[phat256]

hi jane this is an extrac from the Or technical manual which explained what do a deed of acknowledgement

 

33.154 Deeds of acknowledgement of debt – Solely and jointly owned property (January 2009)

A secured creditor may request a bankrupt to complete a deed of acknowledgement of debt when the sale of the property results in a shortfall. They may also request such a deed be completed by any non-bankrupt joint owner/borrower when the property was jointly owned. A secured creditor may request this transaction so that no dispute will arise as to the amount of the shortfall or so that proposals to repay the unsecured portion of the debt by instalments can be settled. However, the secured creditor is entitled to claim in the bankruptcy for the unsecured balance of its debt and it will be up to the trustee to deal with such a claim. If the bankrupt completes such a deed, a new debt might be created on which recovery action might be based at any time within the limitation limit. It is not for the official receiver to influence the bankrupt about how to proceed in this matter. If the debt is a joint debt, any non-bankrupt joint owner will be liable for the appropriate portion of the debt whether a deed of acknowledgment is completed or not. The official receiver should not object to the completion of a deed of acknowledgement of debt and if he/she becomes aware that the bankrupt has been requested to provide such a deed, the official receiver should suggest that the bankrupt seeks his/her own legal advice.

 

 

this is from this link

Dealing With Property With Minimal/No Equity

 

basically it is a document ( or a contract)issued by the creditor in which you are promising to repay the shortfall on the sale of your house when you signed say document. It is a sneaky way from creditor to squeeze you out even more moeny from you when you cant afford it ( this is my opinion).

i ho pe this heal please jane start a thread so we can answer more directly your question.

[AA99]

Thankyou Thankyou to you all,But what did you mean when you said do not sign a deed of Acknowledgement,Also how do i start a new Thread

 

Go to the Debt Action Consumer forum and in the appropriately named one, the blue box in the top left corner says Start New Thread or words to that effect and then head it up Jane1960 vs (Name of your Creditor)

 

http://www.consumeractiongroup.co.uk/forum/#black-consumer-forums-center

[phat256]

Thankyou so much for your help.How do i start a new thread & what do i have to say in it,please i am so bloody thick,sorry

 

AA99 answerd it for you .

 

and you are not stupid nor thick ! there is no stupid question to ask only those who dont ask are stupid

 

another thing dotn ask for advise by private post as we may get some bad advise or unsolicited messages. and it is against the rule.

Edited October 2, 2009 by phat256