Failed IVA and BR questions and SOA

Rylynn

Hi

I posted back in June when I was told via the phone my IVA had failed.

It has taken payplan til Sept 3 to send out that it has failed, and it has gone to my local court, it lists reason as long term illness and now on reduced hours due to that illness. So that part is straight forward enough, and it is my certificate of failure so I do not have to chase for that. I had not paid for 18 months, was shocked they left it so long to fail me to be honest.

It also gives me a list of all my creditors and the reference numbers and amounts owed initially and now after Payplan have paid out, daylight robbery when I see I have paid over £5k and the creditors only paid out just over £1300.

In June I was put thru to the bankruptcy person who advised I have to go BR, I was left with debts over £58k when my OH did a runner, no shock all bar one of the loans is in my name, I have no mortgage as I rent from the council. So was really missold the IVA in the first place.

Okay here are some questions I hope some of you can answer, I will post up my SOA as well maybe tomorrow if not tonight.

When you file for BR, (I have the forms from the court here already but not read them yet) do you have to send anything in other than the forms.

Do you need to supply utility bills rent statements, bank statements, at this time? Or is it only if the OR asks for them.

Having been in the IVA from 2005 I have no credit cards, no loans taken out since that time. I have an account with Nat West that is just a debit card account, which my DDs are paid from.

My problem is now I have no idea what the loans were all for, it is so long ago and I thought it was all over with the IVA I was more than prepared for the 5 years payments until I became ill and had to have almost a year off. How am I going to explain it all to the OR?

Only one loan was joint and I was told with the IVA the company would find my OH and make him carry on paying, whether they ever found him I have no idea, but I dont even know now which one was a joint one!

If someone can reply to these questions it would be helpful, and then I have some more, but dont want to deluge you nice people here.

I have gained much knowledge from being here over the months, and espcially these past two weeks but I do still however have many worries and doubts, which is natural I know, but I do not need the stress making my illness worse so I am takiing things one day at a time.

At least now I have the certificate I know I can file for the BR, just have to get my head around the forms!

All replies will be gratefully received.

I am asking about utility bills as having read here today I have the feeling they dont ask for them unless they feel you are lying or putting stupid figures in.

Rylynn

blind-as-a-bat_2

Just one comment why are you paying for your own BR payplan should be if i remember correctly, as you have covered there fees, as you say there is £1300 for yor creds, was there not a BR clause in your IVA?

I would have expected better of payplan if not even though they sunk to making money on IVA,s

I will read the rest of your post now

Rylynn

BAAB I have just posted somewhere and it says under my name no signatures allowed, it was the charity numbers, what the hell have I done wrong, I had one line that said some days are diamonds and some days are stone, a quote from a song? I am confused now.

On Payplan they have been very very clever, they told me in June IVA failed, they waited til the anniversary ie Sept 3, paid the creditors and then paid themselves and then told the court they cannot make me bankrupt now as they have paid OUT.. is this fair, NO, what can I do, probably nothing, but this for me is shark practice.

Thanks for replying by the way.

blind-as-a-bat_2

Re the sig, god knows, the mods seem to insist you get permision even if it is the charity numbers BEFORE you display them, even though its clear what they are, there have been a few members fall foul of that one, thats why i have never bothered, cant be doing with pety behaviour like that

As for the other, i have to be honest i dont know if that is correct, if a BR clause was written into your agreemant i dont think it is but without seeing the wording i cant be sure, it certainly doesnt match the way i was lead to believe they worked

Rylynn

Oh well thanks for the advice on the signature I had it in June, this is September, so like you I will not bother, but I did have a BSC number do I have to ask to put that in a signature as well, bit petty as you say and I run websites and that for me is like the gestapo ... sorry mods but it is! I hardly had anything in there illegal!

I think they have pulled a fast one on me BAAB, they pulled a fast one telling me to take an IVA so that is twice now. I will look into the wording on my original thing with them, and I will contact them by letter asking why they have taken 3 months to do this in writing and why they did not make me BR before they paid out themselves and the creditors, it was money thrown down the drain in my books now, so I am pretty annoyed.

I hope someone will reply to my other questions in my first post and I have a load more to ask as well ,but for now I am very tired have not eaten and need to get to bed I think.

Thanks again BAAB.

blind-as-a-bat_2

Rylynn wrote: »

Hi


Okay here are some questions I hope some of you can answer, I will post up my SOA as well maybe tomorrow if not tonight.

When you file for BR, (I have the forms from the court here already but not read them yet) do you have to send anything in other than the forms.

Do you need to supply utility bills rent statements, bank statements, at this time? Or is it only if the OR asks for them.Normaly no, unless you have your interview with the OR straight after your court, not many do this though

Having been in the IVA from 2005 I have no credit cards, no loans taken out since that time. I have an account with Nat West that is just a debit card account, which my DDs are paid from.

My problem is now I have no idea what the loans were all for, it is so long ago and I thought it was all over with the IVA I was more than prepared for the 5 years payments until I became ill and had to have almost a year off. How am I going to explain it all to the OR? if you dont know you dont know so who cares what the OR thinks, they wont like it but tough

Only one loan was joint and I was told with the IVA the company would find my OH and make him carry on paying, whether they ever found him I have no idea, but I dont even know now which one was a joint one! doesnt matter you would still have to list it

If someone can reply to these questions it would be helpful, and then I have some more, but dont want to deluge you nice people here.

I have gained much knowledge from being here over the months, and espcially these past two weeks but I do still however have many worries and doubts, which is natural I know, but I do not need the stress making my illness worse so I am takiing things one day at a time.

At least now I have the certificate I know I can file for the BR, just have to get my head around the forms!

All replies will be gratefully received.

I am asking about utility bills as having read here today I have the feeling they dont ask for them unless they feel you are lying or putting stupid figures in.correct most things are taken on trust unless they are on the high side

Rylynn

If you can try to figure out what was what do, it will make things a bit easier but as you say its a long time ago now, so if you cant just add an explanation in the notes bit at the end of the forms

So_Sad_Angel

Rylynn wrote: »

Hi

(quote- Okay here are some questions I hope some of you can answer, I will post up my SOA as well maybe tomorrow if not tonight.

When you file for BR, (I have the forms from the court here already but not read them yet) do you have to send anything in other than the forms.

Do you need to supply utility bills rent statements, bank statements, at this time? Or is it only if the OR asks for them.

Having been in the IVA from 2005 I have no credit cards, no loans taken out since that time. I have an account with Nat West that is just a debit card account, which my DDs are paid from.

My problem is now I have no idea what the loans were all for, it is so long ago and I thought it was all over with the IVA I was more than prepared for the 5 years payments until I became ill and had to have almost a year off. How am I going to explain it all to the OR?

Only one loan was joint and I was told with the IVA the company would find my OH and make him carry on paying, whether they ever found him I have no idea, but I dont even know now which one was a joint one!


Rylynn

Evening/Morning Rylynn

Don`t worry about the sigs...I think it is only to make sure that there are no `hidden links` or unauthorised numbers in them that makes the mods so nervous. You can still add your verse & BSC number.

Anyway...I may not be much help here but-

Make sure you get in touch with the debt charities to make sure you can go BR. You will know really but the court will ask.

It is the OR that deals with the bills/statements /debts etcs so keep them safe & ready if asked for.

If you have the initial paperwork for the IVA then that should document the creditor details + so long ago is almost impossible to remeber what the loans etc were for...just be honest & say that.

Hopefully they will catch up with you ex OH & make him pay that joint loan...either way after BR its not your responsibility!

Also I really wish that IVA Comapnies were regulated...on something as important as this I really cannot understand why the FSA don`t get involved here...after all any other legally binding agreement is covered!!!...(even a £500 sofa purchase is bound by regulation!!..so why not a IVA!!)

Finally...look after yourself...get some rest & eat properly. Health is everything & much more important.

Angiexx

Rylynn

Thanks for your replies.

You mention if I have an immediate meeting with the OR after the court hearing they will look at utility bills etc, okay does that mean I have to take to court all my bank statements and utility bills for a year or more? Sorry that may sound like a really dumb question, but I want to get things sorted in my brain as to what I need to do before I even attempt the forms.

I know my court is booking only, and I guess I have a week or so before the original creditors all get on my case again via the phone or post, as they would have had the same letter from Payplan on 4 September as I did.

Okay on the BR clause I will try to look out the original things, but it is over 3 years ago, and during my illness my mother in her wisdom had major clear ups some may be in the loft, some may be down the tip! I am sure she would not have thrown important things away, but I do know she shredded a load of bank statement from my old banks and old bills she was not to know I may need them.

Do you think I should write to Payplan and ask for all the documents I signed in the first place? and the agreement or a copy of it? I could say I may need this for the OR? If I can get a copy of the documents it will include what the loans were for I think which may be a help.

Be back later have to go to doctors.

Rylynn

Okay

I have been sat reading back threads here, but none really give me an answer, although I am sure I have done something really stupid and could end up with major problems.

As you are aware if you have read the first post, my IVA failed by phone in June. I decided to leave contacting them and let them contact me, which she indicated would be a week. Nothing happened so I guess I stuck my head back in the sand and maybe should have phoned them, as you can now see they have paid out the creditors and themselves and SSA has indicated maybe they should have made me bankrupt. Something I will be looking into.

I returned to work last November(having been off since January) on reduced hours, only 2 per day for 3 days, it has now built up to 5 a day for 5 days, although this is now under review as Occ Health are asking for my hours to be 6 a day 4 days a week to try and elivate the tiredness, I have ME.

I did tell the Tax Credit people last May that my wages were only half pay, but they said if I could not give a definate figure to leave it and give it when I got my next P60.

I already knew I was being underpaid on the childs tax credit (previously not been entitled to WTC as my wages were over the limit), my mum was having to supplement the household bills so that Rent and Council tax was paid.

I got my refund early in August! Well I spent it, I did not see that as being wrong at the time as it was owed to me, and had I had it last year it would still not have meant I had any surplus to pay into the IVA.

It would have meant my mum would not have forked out of her own money, and she is over 70 years of age, and carried on working to see me through this very tough time with the illness. She lives with me and my son.

I have no option but to go BR as I cannot afford to pay the debts, I would not have gone into an IVA if I could have afforded them, and obviously I am worse off now financially than I was back then in 2005.

I read somewhere on here that the OR can claim any refund from the WTC or CTC, what on earth is he/she going to say when they find out I have had it and spent it!! HELP please as I am worried sick about this and have been for days, but not had the courage to post it up on here.

tigerfeet2006

If you spent it on essential living expenses and household items you shouldn't have to much of a problem.

Try not to overthink things. What is done is done, there isn't anything you can do about it now. You can't .know what any individual OR will think about it. The worst you will get is a BRO and I know you have read Scarletts thread so know it is not much to worry about.

(((hugs)))

Rylynn

Thanks Tigerfeet, I did not take any money from my mum for July, Aug or Sept, as she has paid out so much for me already. I also have the £500 set aside out of it for the BR. It did not go into my bank account as it was sent to me in several giros.

I do not expect he will see a new bike for my son as an essential however I do as it means I do not have to pay out £2 per day for a bus, the bike cost me £199 and will last him 3 years til he finishes school, unless he grows to over 6 foot 4! Also two new tyres for my car as it is due its mot in November and it would fail on them. There has been little spare money to save for things like this over the year I was off sick.

Tigerfeet I am also more than worried about how I explain about my mum, you see most months she pays the rent, but I give her the cash back from my child allowance and WTC/CTC as this comes to me as a giro. I pay for all the food though, other than on awful months when the money just was not there when I was not working at all.

I guess to most these may all sound trivial questions problems, but they are doing my head in.

I am trying not to worry about my car being taken as I need it to get to work, and know my doctor will write a letter if he has to that I cannot stand for long or walk very far so buses are out, which would mean taxis which would cost more than the car. I have looked up the price it has dropped since June when I checked it was £1300 it is now £980.

I seriously wish I could have just carried on paying the IVA, but that was daylight robbery from the statement of the payments to Payplan compared to what the creditors have been given!

Thank you again for replying to me TF.