Failed IVA

dubiousone

Good morning guys and gals.

Can anyone give me an accurate answer on this one please?

I contacted my local county court and asked them if I will need a failed IVA certificate before they will stamp a BRO, she replied NO.

My IVA contract states a failed IVA is missing two payments or more. I intend to go BR early Feb having missed one payment. The reason being I don't need a failed IVA certificate in my county court.

Q. Is this okay to do, or do I need to fail the IVA for two payments even if I don't need a certificate? I believe I was misold an IVA by DFD anyway as the payments are far too high to manage and I have no assets to protect.

Any advice much appreciated!!

hadenoughnow

dubiousone wrote: »

Good morning guys and gals.

Can anyone give me an accurate answer on this one please?

I contacted my local county court and asked them if I will need a failed IVA certificate before they will stamp a BRO, she replied NO.

My IVA contract states a failed IVA is missing two payments or more. I intend to go BR early Feb having missed one payment. The reason being I don't need a failed IVA certificate in my county court.

Q. Is this okay to do, or do I need to fail the IVA for two payments even if I don't need a certificate? I believe I was misold an IVA by DFD anyway as the payments are far too high to manage and I have no assets to protect.

Any advice much appreciated!!

I went BR yesterday, when judge saw that i had an IVA, he wanted to know 100% that it had failed or he was going to adjourn, I would have thought that this was a legality, but if your court are saying you will be ok, then i suppose you have to take their word that is, just be extra sure.

dubiousone

They said I didn't need a certificate but I will probably ring them again and check I don't need to actually fail it to go BR. It would just mean missing a further payment for the sake of it, seems pointless, it's going to fail whether I miss one or two.

Cheers for your reply!!

peachyprice

Hi Dubious, Tigerfeet did some research last year and phoned loads of courts, around 50% said they needed the certificate, the others said they didn't. If you court has confirmed this, then it is most likely correct.

I'll see if I can find tigerfeet's research for you.

peachyprice

Here's TF's post, I got it wrong, less said they needed it.

http://forums.moneysavingexpert.com/showthread.html?t=1041251

dalip

You may find there is a difference between having a failed certificate and the IVA actually failing. I know some courts ask for a certificate and that DFD are well known for taking months to issue one.Which may be why your court does not require one. If your contract with DFD states you have to miss 2 payments for it to have failed,then you are intending to go bc with only one missed payment means your IVA has not yet failed. This in turn means you are declaring yourself bc whilst still in a IVA.


As HEN says be very careful and make sure you don't get sent away on the day of court

dubiousone

Cheers Peachy. Is it a case of NOT needing proof (certificate) of failed IVA but needing to fail it anyway? Just wondering how they would no on the day anyway whether I've missed 1,2 or 3 payments if they don't want a certificate. I would obviously tell them I've only missed one but a second is inevitable even if they adjourn.

dalip

Crossed peachy. My view is you may not need a certificate but the IVA needs to have failed. If it has not the judge may refuse bc until it has. Surely if the contract with DFD states 2 missed payments to fail and the OP declares after one then there is a breach of contract. Which could lead to all sorts of problems.Dx

dubiousone

Cheers peachy and tigerfeet for you research. I think I will ring the court on Monday. If I'm not confident with their answer I will just have to miss another month and go BR in March. At least I don't have to worry about DFD sending a certificate out, as I have been told I don't need one. I would just be so gutted to turn up after all the anticipation to be turned away.

Thanks again to you both, I'm very grateful!

dalip

Don't you want to thank me too

dubiousone

Thanks dalip. This has opened up a whole new can of worms now. I think my best bet is to call them, see what they say and if need be I will miss another payment. It is so frustrating though, I've built myself up and planned almost everything with military precision and now might have to wait it out even longer. It also gives creditors longer to hassle the phoneline. I don't intend to tell them I've skipped because of BR plans as they may hurry CCJs etc through.