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I'm after some IVA advice

 

Some of you may be aware of the ongoing saga of my troubles with Robinson Way. Well, it has now culminated in us having no choice but to try and get an IVA.

 

We have a creditors meeting in the morning but our IP rang us this afternoon to tell us that all our other creditors have replied but RW have refused our proposal.

 

The trouble is, we dispute the amount RW are claiming so how can they work out whether they hold 75% of the debt? Also, they have refused to supply our IP with evidence of the debt because they say they've already provided it to us (they haven't).

 

They've already had an application for Summary Judgment refused (at the beginning of June) because the Judge said there was insufficient evidence for him to make a judgment and we have a date for full trial in October.

 

Our IP is taking legal advice and said that there may be a chance that they can strike out their debt on the basis that they have refused to provide them with evidence of the debt.

 

Any thoughts??

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time for an SAR to the OC then?

 

surely i would be better to do this with all your debts?

 

what are they?

 

are they all showing on your CRA file

and

have you checked the legality of each one by CCA etc etc?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Yep, done all that. It's a long, long story. Here is a link to the original thread.

 

Robinson Way lifting a stay on a County Court claim made in July 2009 - Happy Christmas!!

 

We've been paying our other creditors £5 a week but we're just not getting anywhere which is why we're going down the IVA route. RW hold more than 75% of the debt which is why it's a problem.

 

We have got a trial date for this dispute wth RW but we were rather hoping that if they don't supply our IP with proof of debt then the debt would be struck out. We're happy to pay the others - they're all valid debts - just need a way to put a timeline on it which is why we've agreed to the IVA.

 

Hope this all makes sense

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Some of you may be aware of a long running dispute my OH and I have had on the debt forum with Robbers Way.

 

Having now lost the case, OH now has no option other than to go bankrupt. We have scheduled the hearing and have filled in all the papers.

 

I have one question though that is concerning us. OH is the sole director of a limited company which has turned over next to nothing this year as OH has been working elsewhere. He is going to resign as a director and I am going to take his place for the timebeing but the plan is to wind it up as it is doing nothing and is another thorn in our side. If we're going to make a fresh start then we'd like to include that as well.

 

It owes nothing other than a personally guaranteed overdraft in OH's name in the region of £2k.

 

What happens with the o/d? Do we include it in the bankruptcy petition and then once that's been heard in a few weeks dissolve the company, or is there another way we need to do it?

 

Any help greatly appreciated.

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An overdraft is a debt so you would include it within the bankruptcy.

 

Hope this helps!

 

Seq.

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An overdraft is a debt so you would include it within the bankruptcy.

 

Hope this helps!

 

Seq.

 

Ok I will. thanks for the help

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No worries, and re the business issue you might want to run it by Business Debtline (they are a charity, their help is free) 0800 197 6026.

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Oh ok. Thanks for that

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Hi All

 

I think this may be in the wrong place but for some reason I can't post on the formal debt arrangement forum.

 

Perhaps a Site Team member could move it to where it needs to go...

 

Some of you may remember that I had a big fight with Robinson Way a year or so ago which sadly we lost.

 

No fault with the excellent advice we got here, just a complete failure in our ability to deliver at court and a really nasty judge.

 

At the time we had just had a huge change in circumstances and my OH was out of work.

 

I had an IVA which had been put on hold by my IP so long as we put our house on the market and then paid it off once we had sold it.

 

The house is in a bit of a state and although we had a couple of offers, it was way below what we needed to cover the debts so we had to refuse.

 

In the end, we just took it off the market.

 

My OH has a charging order on his half of the house from Robinson Way and we both have a liability order for council tax, in total around £28k.

 

My debts are around £15k and my OH's around £30k and our house is worth between £230k and £240k. We have a £207k mortgage.

 

I have heard from my IP today that

 

they are going to fail my IVA

and that my creditors may decide to make me bankrupt.

 

To be honest, I don't care one way or the other as

 

I'm frankly worn out with the whole thing but what implications for our house?

 

We are paying interest only on our mortgage which is about a third of what rent would be in our area so I don't want to lose it if I can help it.

 

Also,

I have a serious long-term health condition which means I am registered disabled, unable to work and am in the Support Group for ESA.

 

Will this have any bearing on what they can or can't do?

 

My kids are all away at university although this is still their home address.

 

I'm just after some up-to-date advice as I've been told so many different things I'm not sure what to think anymore.

 

Thanks

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I will try and find someone who can help, but you might want to speak to someone at National Debtline

 

https://www.nationaldebtline.org/EW/factsheets/Pages/01%20EW%20Bankruptcy/Default.aspx

 

 

 

The link above is to the Nat Debt fact sheet.


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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Hi all

I've tried to post this in the IVA section but for some reason it won't let me so apologies if this is now in the wrong place :|

 

I am currently in the 3rd year of an IVA which has been far from straightforward. I will give an abridged timeline here:

 

 

July 2012 - IVA agreed although only 4 of my 9 creditors replied

 

September 2012 - My husband lost his job and we were left with just my ESA to live on. He claimed JSA for about 6 months before deciding to go self-employed. I contacted my IP who arranged for a variation of my IVA whereby we would put the house on the market and try to sell it and pay off the IVA in full. However, the house wasnt in the best condition and the only offer we had was alot less than the mortgage and secured loans so it seemed pointless accepting it. We kept the house on the market but market conditions and the state of the house meant we couldn't sell it.

 

July 2014 - I suffered a spontaneous fracture of my femur and spent 8 hours in surgery. This was the result of 40 years of ill health with Rhematoid Arthritis and Osteoporosis. The prognosis is not great

[php]

[/php] and I was left unable to care for myself for many months. A year later, I am only now able to start doing things for myself and am in considerable and constant pain. I am still unable to be left alone and my husband's business has suffered as a result. I am now in receipt of ESA and DLA/PIP with no prospect of my ever being able to work.

 

Needless to say, we took the house off the market following my surgery as it was simply impractical to have people looking around the house whilst I was in bed and unable to even use the toilet without help. Our mistake here was we didn't think about notifying my IP. Our fault but we had other things on our mind!!

 

During all of this we continued to pay our mortgage as we felt that was the most important thing and we aren't in arrears at all.

 

June 2015 - I received a letter from my IP asking about the progress of the house sale. I sent her a candid email explaining what had happened. I didn't try to pull the wool over her eyes. I was completely up front and honest as I thought that was the best course of action as she was acting on my behalf.

 

I heard nothing from her until this morning when I received the attached by email. As I understand it, she is suggesting to my creditors that they "do their worst" or am I being melodramatic! Could someone please decipher the contents and give me some advice on where I should go from here (even if it's not the answer I want to hear :|)

 

Thanks

 

 

 

[ATTACH=CONFIG]58734[/ATTACH]

Edited by citizenB

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I have moved your thread to the IVA forums - you need do nothing it is purely and administrative move.

 

I have also made your file size smaller so it will take less time to open.

 

It does indeed look as though the Supervisor of the IVA is proposing that the IVA be registered as having failed and inviting your creditors to make their own arrangements to make contact with you to obtain their monies.

 

It is a shame that you did not make contact with the Supervisor when you had to pull the house off the market, however, as you say, there were other worries that put that to the back of the list.

 

Do you have any Payment Protection Insurance on any of these debts. If so, might it have been mis sold and you can make a claim for refunding

 

Are there any default/penalty charges that you could claim back ?

 

I wonder if it might be worth your having a word with National Debtline as to what you might do next ?

 

We see so often that IVAs are entered into and fail for whatever reason :(

 

You say that only 4 of the 9 creditors responded to the IVA - what did the others do- I am kind of assuming that Robinson way (ex HSBC) obtained a charging order in the hope of prioritising their debt - which appears not to have worked from what I read in the letter as the Supervisor appears to be saying that despite the CO, the debt will be considered unsecured.

 

I am sure that others will be looking in on you over the weekend with their thoughts.


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2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Thanks for the reply. The others just didn't reply/vote or whatever they're supposed to do at the time of the proposal or since. I was told I couldn't look into PPI because I was on an IVA

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If you let the iva fail

whos it with

 

Then you can

 

3 threads merged for history

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Sorry I'm not sure what you mean.

 

 

Who's what with? The IVA or PPI?

 

Thanks for merging the threads. I'd forgotten I'd posted before.

 

Does the fact that I'm disabled and in poor health have any bearing on this?

 

 

I've been reading about the Equality Act.

 

 

Or am I clutching at straws?

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both

disability might be a weapon for sympathy in a write off.

 

 

but we need more info.

 

 

most IVA providers are only in it for one reason...MONEY!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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both

disability might be a weapon for sympathy in a write off.

 

 

but we need more info.

 

 

most IVA providers are only in it for one reason...MONEY!!

 

I've come to realise that.

 

 

She's been less than helpful with no advice whatsoever when we've contacted her.

 

 

In fact most of the time she doesn't even speak to us but gets her assistant to.

We explained that my only income was ESA.

My OH was working but had his own IVA application which was refused by Robbers Way.

 

 

I bitterly regret entering into this.

 

 

I think a DMP would have been much more sensible.

 

 

We went to her for advice but I don't think it was very good advice in hindsight

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pers I'd let it fail

 

 

i'll go read your RW thread latter see what happened

 

 

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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pers I'd let it fail

 

 

i'll go read your RW thread latter see what happened

 

 

 

 

dx

 

That'll be interesting reading!!! :violin:

 

I've got all the paperwork here and when she did our I&E she took into account my benefits payments (DLA and ESA) for BOTH mine and my OH's IVA proposal. Is that allowed??

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I thought DLA couldn't be taken into consideration for IVA's and DMP's ? You would need to check with National Debtline for confirmation.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Apparently you can do one of two things with the DLA..

 

Declare it as an income component, but at the same time in the expenditure column enter the associated spend. Or declare it and confirm by letter that this is for disability purposes and is spent as and when required.

or

Not declare it, but you should not then put and disability associated costs in the expenditure column.

 

IMHO, I would confirm with National Debtline the best way to approach this.


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

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1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Well she put it down but I don't actually get the money because I get a Motability car in lieu of it but she never asked me about that. I put too much faith in her that she was doing right by us I suspect :mad2:

 

If I let it fail I assume the worst that can happen is that one of them can make me bankrupt.

 

 

The highest amount that I am liable for alone is £5285 and they haven't even bothered replying to any of the proposals (Barclaycard).

 

 

the highest one that hsbothered replying is Cap One at £4902

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when did you take these diff debts out?

 

 

did she do any checking of the agreements you signed existed at all?

 

 

I betnot

 

 

can you list your debts

type

when taken out

who you pay

please


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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No she didn't but I did go down the CCA route before we looked into an IVA. The debts are as follows. Some of them are ridiculously small but she said I shouldn't pay them off and to include them.

 

Barclaycard about 1994 £5285.59

Cap 1 about 2000 £4902.69

EOS 1984 £198.92

Next 2004 £250.78

Natwest 2004 £3000 (overdraft joint with OH)

Hoist 2001 £8827.45 (overdraft joint with OH)

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Ignore my post if you receive notification by email.

 

I forgot you own your own home so you wouldn't be able to apply for a Debt Relief Order.. sorry about that :(


Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy -

HERE

2: Take back control of your finances -

Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors?

Read Here

4: Staying Calm About Debt

Read Here

5: Forum rules - These have been updated -

Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

 

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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