Failed IVA and BR questions and SOA

tigerfeet2006

Rylynn wrote: »

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 don't see a problem with that. Just explain it as you have to us.

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. Sounds perfectly reasonable to me

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. Again just tell the OR exactly what you have told us. They know people have to live.

I guess to most these may all sound trivial questions problems, but they are doing my head in. Nothing is trivial. You are the having to live this and you need to reassure yourself.

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. If it is needed for work then I don't see any problems.but it never hurts to have a back up plan.

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.

No problem my sweet. Just keep asking and look after yourself for your familys sake.

Hobo17

When I failed my IVA, Payplan sent me a failure notice (you may need to take this to court when you petition), they also included a statement of all my creditors so I'm sure they will provide something similar to you.

Rylynn

Thank you Hobo17 they have already sent this to me, it arrived on 4 September although they had told me by phone in June the IVA had failed. They put me through to their BR person in June, who explained things to me. As I entered into the IVA in August 2005 the creditors list is invaluable to me as some have been sold on, as I had letters regarding this in July and August, both said do not contact us we are dealing with your bankruptcy officer, which threw me, and obviously Payplan decided they would not be making me bankrupt!

the Payplan BR person said as my illness had caused this to fail, and I now work less hours my only avenue was BR. However having read here I fully intend to call the CCCS line to make sure they agree with that.

I have done an I&E/SOA and on that I am going to need some advice from you wonderful people here. I did it on a link I found on here and now I cannot find the link! typical hope I saved it to favourites as it was an excellent and easy form to fill in.

This site is totally invaluable to people, and I thank my friend for sending me here in June. When it all went quiet so did I, I guess I was just putting it off but also realise now it was the best thing as at least now I have this certificate and so has my court, it states they have sent it there. So I just need to get my skates on and get on with it now.

TF you made me cry, thank you for your kind words, like others I guess I feel I do not deserve anyone to be nice to me, and this has all gotten to me.

Can I ask another question and hope someone can reply.

When they give amounts for housekeeping on various places I have looked, it says child, now that I take it means anyone under the age of 18 living with you and in school or college. So say joanne blogs has a child, single mum with mother living with her and the child is say 6 surely the amount of food they eat is far far less than one that is 14, 5 foot 10 and needs clothes that are VAT rated, ie shoe size 10!

I am only asking if the OR allows for the age of the child, as mine eats a mans dinner not a childs? he is not overweight, or obese he is in fact very slim, so it is not a case of my over feeding him, it is a case of him growing and eating an adults meal. So when I do my SOA my housekeeping is not low as it feeds three adults, although one is only 14.

All replies would be appreciated.

Many thanks again to all you wonderful supportive people, you are a life line for so many of us.

Ry.

tigerfeet2006

Ah! lots of hugs to you Rylynn.

You probably meant this SOA calculater,

http://www.makesenseofcards.com/soacalc.html

I think a child is classed as under 16 and it is just a standard rate. You could always try and put a bit more down under housekeeping and see what the OR says. He may reduce it but may leave it as it is. You can but try.

Rylynn

I guess that they do not take into consideration that a child of 6 hardly eats what a child of 14 does let alone the expense in clothes being more. Which I guess I find pretty stupid.

Thank you for the link I will do my SOA and then put it up here tomorrow, right now I need to get to bed, as on top of everything else the doctor says I have a throat and chest infection, hey ho just what I need NOT.

Thank you again TF. Take care.

So_Sad_Angel

Rylynn wrote: »

the Payplan BR person said as my illness had caused this to fail, and I now work less hours my only avenue was BR. However having read here I fully intend to call the CCCS line to make sure they agree with that.

Many thanks again to all you wonderful supportive people, you are a life line for so many of us.

Ry.

Hi Ry Sweetheart,

Get that second opinion so that you know that you have taken adequate `informed` advice ...I feel, from what you write, that you need that for your own `peace of mind`.

Whatever has happened...has happened. Illness happens ( I am there at the moment & my income will fall soon too.!!) so you have still had to cover expenses that normally you would have been able to meet were you not ill. (hope that makes sense).

The judge & OR will understand this perfectly well. Illness can strike at any time & cause even the strongest of us to buckle under the pressure. Try not to worry so much ( easier said than done) but the judge & OR will not be about to give you a hard time about it.

Hugs...Angiexx

fredsnail

Rylynn get lots of rest and try not to worry - life throws humdingers to us all - some worse than others and we just have to help each other get through them all the best we can.

Lot's of people here have been where you are now - and they've come through the other side.

Your 14 year old should appreciate how great him Mum and Nan are - he comes from good stock. Give your Mum a big hug too - she's a star.

fs

Rylynn

Thanks fs, yes they are both stars, and my son does know what is going on, he is old enough to be told and understand, although I do have to keep reminding him I have not got a bottomless pit for Coke a Cola!

Thanks Ange, as you say illness happens, it was not something I wanted and wish it would just go away, but it has not so I am stuck with less hours, less money, and this stress does not help. However at least here I have been given some good advice and I will be phoning one of the companies this week. As you say I need a second opinion, and do not want any judge to think I am dumb as well as stupid.

Well I have cleared my kitchen up, so now I am off to bed, and hope this rotten virus goes away by the morning as work are not going to be happy with me being off for another day sick again. I hope the headache is not stress and is part of the virus!

Rylynn

Okay have been reading around and replying and in doing so it has thrown up a question.

I have just re read the letter from the IVA people, and in it are the list of creditors, I mentioned I got three letters, which I now need to find. Two I know were from Eversheds, one was from some other company that they had bought my debts. One arrived in July 2 in August. Having been told the BR had failed in June I wondered why any company would buy these debts?

I have now looked at the list, and how on earth I am supposed to remember who the original debt was with (other than getting hold of IVA company) beats me, as run away other half took all details with him back in 2004, which the IVA people knew, but sorted out.

I now see that Capital One Bank and HBOS are the only ones I recognise as names. Then I have Link Financial and 4 now to Max Recovery! Eversheds who I got the two letters from are not even listed? are they also Max Recovery. Can I ask the IVA people when these were sold on and why? as I have no idea how this works, and why people buy debts that are not going to be repaid?

Maybe it is me being totally stupid, but the paper trail is going to be a nightmare when I do not have any of the original loans to go by.

Sorry but it just seems very very strange to me that these debts were sold on after I was told in June it had failed and then did not receive the confirmation of failure until September, is this some sharp practice???

Looks like a letter will be needed this week to IVA people to see what I can get in writing from them regarding original lenders as the OR surely will think I am totally stupid if I do not now bearing in mind some of these loans go back to 1998 I think.

deedee_3

What happens is the DCA will buy a job lot of debts from creditors. They don't know what they are going to get. They then send out standard letters to everyone and hope that some one will bite and they get some money back on the few pounds they paid for the job lot.

Ask your IVA company if they have any more details, if not just put down what you have on the forms and put a note to explain why. The OR will sort things out.