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My Debts and my journey into and after failed IVA..


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I have a large amount of debts which I have been trying to tackle for a number of years. I am currently in an IVA with Payplan which is failing as I am currently employed in a private company who only pay SSP when you are off sick.

 

Prior to arranging this IVA I informed Payplan that I have medical conditions which are a left clavicle joint injury which means I have a screw in my shoulder to hold my clavicle bone in place to my collarbone.

 

I also have Sacroiliac joint injury on my right side which causes me pain and immobility especially when I am under stress, cold and exert myself too much through walking.

 

Due to this I have been issued with a freedom pass as I have been informed that there is nothing they can do as the tissues have worn away from the joints. I also have a suppressed immune system which means I am susceptible to colds and flu’s

 

 

I have been off sick from work on a number of occasions since starting the IVA, which was only started in April 2012 and could not pay the money into the plan due to my low salary therefore I have been informed that I am in arrears of £244.00.

 

They have advised me that a Debt Management Plan maybe the best option due to the amount of debt which is around £56,000. I am concerned that due to that if I enter into any plans that I might end up in a similar situation of being unable to pay especially if I am off sick and only receiving SSP.

 

 

I am not entitled to any benefits as I can work but encounter bouts of ill health from time to time and am currently seeking another position that does not operate the same sickness policy.

 

 

Does anyone have any suggestions as I need to make a decision as soon as possible.

Many thanks

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It might be worth you having a word with National Debtline.. They might be able to advise.

 

Do you own your own property ?

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Hello there,

 

We have a suite of sample letters available to download from our website. There is one which can be used to request a write-off. It is usually the case that a creditor would only seriously consider a write-off if your situation is unlikely to improve. Given what you have said about having no assets you may also wish to consider the bankruptcy option? Given the debt level a debt management plan could take a very long time to clear the debt.

 

Sample letters: http://www.nationaldebtline.co.uk/england_wales/debt_advice.php#6

Bankruptcy fact sheet: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=01_bankruptcy

 

Best wishes,

 

National Debtline.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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Thank you for your advice. I do not have any assets, no property, cars etc.

 

In which case, it looks like it might be worth you losing a year of your life and going bankrupt. I see that ND have posted some information for you.

 

Give it some thought and speak with them about BR.

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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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Thank you all for your comments,

 

 

however I do not wish to go down the Bankruptcy route as this may affect my current employment as I work for a private employer whose partners include Ernst and Young and other high profile companies and any future employment as I am seeking government positions and working within the NHS,

 

 

If bankruptcy was taken then I might be jobless which would mean that I would not have any money to pay towards any creditors and it would be difficult for me to gain further employment.

 

 

As stated previously I am also concerned as my health impacts on my salary which means that if my finances are controlled in anyway I may not have enough to live on which defeats the object in my view.

 

Any further suggestions?

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Ah.. strike that plan out then..

 

Have you contacted Nat Debtline ?

 

What type of debts are these.. credit cards/loans ?

 

Are there any default charges applied do you know?

 

Was there any Payment Protection Insurance applied to any of the accounts ?

 

When did you take out this credit ?

 

When did you first default ?

 

Do you know if the companies had stopped adding interest to the debts ?

 

Yes you can enter into a DIY Debt Management plan - but £56,000 will take an awful long time to pay back if you are just making token payments.

 

If you could answer some of the questions above, we can try and make a plan :)

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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Have you contacted Nat Debtline ?

The National Debtline were the people that suggested bankruptcy and I also emailed them about my situation but am awaiting a response.

 

What type of debts are these.. credit cards/loans ?

The debts are a variety.

The most comes from two bank loans which was taken out around 2000 when I was married and encouraged to by my husband at the time.

They were both for £15000 at the time.

I used some of the money for household goods and a holiday to see my grandparents who were unwell at the time but the majority of the money was taken by my ex-husband and I do not know what he did with it.

As they were both in my name I am lumbered with the debt.

 

 

Other debts include

an overdraft,

catalogue,

credit cards and

pay day loans which are the most recent.

 

 

Other debts are to the

social fund,

rent overpayment which I was previously paying back quite well without an IVA and

 

 

an open university course which I was paying for.

 

Are there any default charges applied do you know?

I know there are default charges for some and I also have a CCJ which I was paying for one of the loans.

 

Was there any Payment Protection Insurance applied to any of the accounts ?

 

 

There has been PPI taken out on one of the loans however as it was taken out in my maiden name and I am now divorced, they require my divorce certificate in order to apply it. I am unsure of the other loan.

 

When did you take out this credit ? Credit was taken out from 2000 onwards.

 

When did you first default ? Various dates

 

Do you know if the companies had stopped adding interestlink3.gif to the debts ?

 

 

I think that the companies continued to add interest but am unsure of some of them.

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Thank you all for your comments, however I do not wish to go down the Bankruptcy route as this may affect my current employment as I work for a private employer whose partners include Ernst and Young and other high profile companies and any future employment as I am seeking government positions and working within the NHS, If bankruptcy was taken then I might be jobless which would mean that I would not have any money to pay towards any creditors and it would be difficult for me to gain further employment. As stated previously I am also concerned as my health impacts on my salary which means that if my finances are controlled in anyway I may not have enough to live on which defeats the object in my view.

 

Any further suggestions?

 

You should certainly doublecheck this as in the majority of cases it's unlikely to cause problems with your employer. Also in the majority of cases an IVA would have just as much an issue as bankruptcy would! There are, of course, exceptions!

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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Although I have received advice about bankruptcy, that is not a route I want to take.

 

However could anyone tell me what happens if a credits petitions for your bankruptcy and you refuse to cooperate as you do not want it. Also what happens if they ascertain that you do not have any assets or much money to contribute eg. less than £100 per month.

 

Many thanks

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  • 2 months later...

Just a question.

 

I am currently going through an IVA due to debts over £50,000.

 

I would like to know whether I could approach the companies directly and ask them to accept lower payments in a lump sum to clear the debts

or whether I would need to contact the IVA company and let them know that I have a certain amount of money

and I would like it to be used to clear the debt.

 

I am conscious that the companies would only receive a percentage through the course of the IVA

and if I had the money to clear all of them with them accepting payments which are alot lower than I owe, this would be cleared quicker.:???::???:

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it might well be an idea to list your debts here

 

there are many that could well contain PENALTY charge & PPI

 

both of these can be reclaimed.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was under the impression that an IVA is a court-supervised and legally-binding agreement with your creditors, collectively managed by your trustee (the IVA company).

 

Therefore you are not at liberty to approach them individually without effectively breaking the IVA, and that could cause bigger problems for you because you'd be back to square one, minus whatever you'd paid them via the IVA after fees.

 

However if you have come into a lump sum then it is possible that this could be used to bring forward the end of the IVA, which would give you a clean sheet sooner.

 

Check your IVA contract for anything about lump sums.

 

I'd suggest discussing the idea indepenently before approaching your own trustee though.

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Hello there.

 

Will it be a lump-sum IVA? If so who is providing the lump-sum?

Do you have assets?

 

Thanks and best wishes.

 

Oh, and Marmaris is right - but I don't think the IVA has started just yet?!

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Good point - obviously if the IVA has not yet been agreed then the OP can just walk away and negotiate directly with each creditor.

 

I'm not sure where you'd stand if you had started an IVA and terminated it without consent - I wouldn't be surprised if the IVA company tried to chase for costs if they hadn't yet been covered by the agreed payments, although I expect they recoup this first!

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Most good practitioners adhere to the IVA protocol - which have no upfront costs.

So I'm *hoping* that this would be the case here.

 

 

It could be that an IVA would be the right way to go - for the reasons you've mentioned.

 

 

They certainly have a few key benefits over self-negotiations (such as the 75% by volume creditors' vote

) although there are drawbacks also (fees being the main one).

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  • 7 months later...

I have a large amount of debts that I have been trying to repay.

 

I took on an IVA however that failed as I have a long standing illness in the form of sciatic like back problems that affect my mobility, I have had this for over 17 years.

 

My GP has informed me that despite intensive investigations I do not have any diagnosis or prognosis

and the treatment and medication is only what they can do that may ease the pain of my condition.

 

I previously explained this to Payplan who I had the IVA with but they still advised me that an IVA was the correct route.

As I considered I was ill advised I made a complaint to the FOS who are currently investigating.

 

Now I am trying to make arrangements again to pay off this debt

however with my back problems my work is becoming less consistent and when I am unable to work, I only receive SSP.

 

My friend suggested bankruptcy however I would face the similar problem of being unable to contribute any money when I am off sick from work.

 

The last time I was off sick was December 2012 when I was off for 3 months.

I returned to work in March 2013 but as my back is causing problems again,

I am considering reducing my hours and I do not know how long I can keep up working full-time.

 

Any suggestions?:sad:

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firstly

 

list you debts please

 

and 2nd

get you cra file [see below]

 

lets see how the industry see your situation.

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes sure but nothing too personal please!

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

List of debts, alot I know since 2000.

 

Egg £20,562.28 - loan originally £15,000

Abbey National £2929.01

Providian £3380.57

Aqua Card £338.86

Shop Direct £695.58

Micro Credit £265.02

Moneyshop £262.50

Shopacheck £761.25

Quick Quid £407.64

Txt loans £254.10

Speedycash £393.75

Vanquis Bank £462.22

Woolwich £19,354.03 - loan originally £15,000

Oakam £232.05

Wonga £560.16

Fitness First £100.

Capital One £900

Pounds to Pocket £353

 

Government overpayments and repayments

 

1050.00

4060.00

8700.00

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blimey

do all the show on your cra file too?

 

the PDl loans are recent too

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Can you make a post in the PDL forums regarding your PDL debts? I and others can help you in more detail with them and we can probably get you a repayment plan agreed. Otherwise, they will try and sidestep your IVA/DMP companies etc and trick them into thinking you owe everything. With PDL's you rarely ever owe the amount they claim.

 

You also seem to have credit cards as well. Have you reclaimed any penalty charges and/or PPI on those accounts? Same with the huge loan.

 

Has there ever been a gap of 6 years with no payment or written acknowledgement for any of the debts? Have you ever been offered any discounts on any of them?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Thank you all for your replies.

 

In answer to your questions on my Noodle credit file there is only the credit cards and payday loans listed and no other debts.

 

In relation to PPI

I do not think that I have this on Aqua Card

however I took a break in payment with Vanquis Bank when I was off sick from work.

 

In relation to the loans

I am aware that there was PPI on these

however as the loans were taken out in my married name and I divorced after that,

 

in order for me to claim this back they need a copy of my Decree Absolute which I have mislaid.

 

I need to pay £60 for a replacement.

 

Regarding the 6 year gap, there have only been a gap of around 2 years or so then after this I have received letters requesting money again.

 

I have received discounts on some of the loans but was and am unable to afford the lump sums.

 

I would need to borrow the money to pay them which defeats the object.

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