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    • Feeling tempted to cancel it now but scared that some of the debts will do more Ccj on me and I'll have to wait 6 years again.  2 of the Ccj come of this year and then I'll only have the iva in credit file - so effectivly if I'd have not took out the iva I 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years so as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off.    My true victory would be having the iva wiped off my credit file as misold or something that way I. Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -    Other option is to try and borrow money and pay make a full and final offer    Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting    It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 account Lowel about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway    If I can somehow remove the iva from my creitt file I'd be happy   
    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say 
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Need to move house but cant sell and concerned about repossession


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Hi Guys,i was looking for a bit of advice with regards to my mortgage and would appreciate other peoples opinions on my situtation.To sum up what has been going on in April my ex left, he got with his new girlfirend living in a flat within 7 days. We have 2 kids together and a house that we have a joint mortgage on. things have got nasty to the point were my car was petrol bombed 2 weeks ago whilst parked outside my house. this has caused great upset for the kids as they are terrified that the house will be up in flames next. it turns out that it was my ex partners new girlfriend who has come up with the plan and got someone to do it for her. with this being the reason i no longer want to live in my house as the kids are scared to go to bed, which is going to cause problems when back in school, and my ex only lives around the corner so the chance of bumping into the pair of them is more than likely.i have had the house valued and it is not valued high enough to pay off my mortgage as the outstnading figure is £65,000 ish, so selling isnt really a possible option at the time due to the housing market being so low, but i want to move out asap. has any one any suggestions what i can do considering the circumstances?thanksLaura

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The best option might be to rent it out and use the money to pay the mortgage while you rent somewhere else.

 

Obviously your ex cannot walk away from his responsibilities to you and the children - what arrangements have been made for maintenance, etc?

 

As he is co-mortgagee he would need to agree to this and so would the mortgage company who would doubtless want to put the interest rate up - just because they can!

 

Do you have relatives you could live with temporarily, or have you tried talking to social services? Presumably the Police were called to the earlier incident so there is evidence which makes it clear you are not safe there.

 

Either way, and depending on your cirmumstances, get a solicitor, with Legal Aid, if necessary. It may interest the new girlfriend to know that her earnings could be taken into account in assessing how much your ex should be paying for his children! That could cool their passion a bit! :)

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thanks for your reply, I am currently on tax credits with being a single mum on a low income if i rent it out they would stop as it would be seen as a second income, which i cant really afford to do.i have tried to get the mortgage company to give me a payment holiday to give me some time to assess my finances and sort out what is best but they said no because we have seperated we wouldnt even be considered.yes the police, social services and any other service you can think of are involved in the situation as its got quite serious. i am awaiting a reply from a few people to see if they can assist with anything. i dont actually qualify for legal aid at the minute as i apparently earn to much, even though my bank statements show there is never much money in the bank it doesnt matter because they only take into account certain things when working out if you qualify.there are no arrangements for maintenance as he isnt working, and i doubt he has any intention of working, she doesnt work either so no joy there. i have been in contact with CSA and i got one payment from his last wage at his job but that is it.a few people think i just need to move and let the house get repossesed if selling doent work out as a option but its a big decision to make as i am only 25 and would never get credit again any time soon.

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Laura I am really sorry to hear all your problems. You clearly hitched up with the wrong man, but I'm guessing you realise that only too well.

 

It is difficult to advise but basically you are joint mortgage holders so whatever happens now will affect you equally. If you just hand back the keys the mortgage company will sell the house for the best they can get for it but each of you will still owe any shortfall and they may pursue that for years. Again you would only be responsible for your half of the shortfall.

 

Given the circumstances and the violence, etc., I would expect the local authority could rehome you and your child at least temporarily. It won't be anything fancy but I think you would be better off away from the area in which you currently live.

 

You could certainly try and sell the house in the short term - it takes time for a mortgage company to reposses and this would reduce the shortfall as oppsed to letting the mortgage company sell it.

 

I think my advice would be to get out of the house, put it on the market, and see what happens. In the future I would think lenders would look upon you reasonably kindly if you fully explain the circumstances of you having the house repossessed - if that is what happens. You are left in a situation with very little options and it is your ex partner who has caused these problems.

 

Good luck. Remember you are very young, and you have time to rebuild your life after you are rid of this man. What astonishes me is that any woman would want a man who is prepared to leave a woman and child! She must be desperate! But that is another story.............!! :)

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Thanks. its just such a hard decision to make. i want to move but i have picked the wrong time of year to try and move house. its just seeing what is best for the kids really. i would hope that in the future people would understand why i had to move rather than just chose to move.its difficult too cause my mum says move and get away from it all but my dad says sell the house first. i have already started sorting out and packing up some things to make the move easier when we do move. i am just stuck between making the decision to run away from it all and start again. which if i do i know the mortgage company would want the shortfall which i have no objection to paying as its what we owe i just dont want the house any more. i wish there was a easy option, a quick get out.well i have definately learnt my lesson and from now on its just my name on things i doubt i will get anything in joint names again as the hassle this is causing is ridiculous. my mum and dad never liked him and maybe i should have listened. lol

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Hi hun I hope you dont mind me posting but I am in nearly the same position as you, and i havent got a clue what to do either.How are you getting on? I have found this site a gods send cos lke you I dont qualify for legal aid. Good luck with everything and If you need a chat or anything pm me. x

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