Failed IVA

dubiousone

Sorry dalip, the post crossed, I only read your reply after I'd sent the one to peachy and TF. I wouldn't miss you out would I, with all your help you have given me. I don't just read them, I always look first at who sent them.

Thanks dalip.

dalip

Awwwwww thanks DB:D

dubiousone

I will post their answer on Monday morning when I've rang them, it may help others too.

fermi

As far as I have ever been able to tell, the letter of the law states that you have to satisfy the court/judge that:

that the debtor has failed to comply with his obligations under the voluntary arrangement,

Different courts and judges seem to interpret that differently.

Some require a certificate, while others deem that the evidence of your financial position supplied in the petition is enough.

dubiousone

Cheers fermi. I can see your point but like you mention, judges interpret differently. It's not that big a set back if I have to wait until March but more of an emotional disappointment.

fermi

Believe me, I sympathise. It is ridiculous really.

I hate the phrase as if has been over-used, but it is a post-code lottery.

There needs to be some clear guidance given to the courts so that everyone gets treated consistently.

dubiousone

You're right, it's pathetic. If I was to say to the judge I've missed one payment can I go BR and he replied NO, and I said okay, I'll miss another deliberately, see you next month and he replied okay, that's fine, then it is all for the sake of some silly wording. If this is the case, why don't IVA contracts state a failed IVA is 6months or more?

Now there's a licence to print money!!

dalip

It may well be different rules for different companies DB,just that DFD require two missed payments to deem it failed.Dx