worried dont no what to do next

motivate11

hi im a bit of newb so my apologies if this is posted in the wrong place
i have been in an iva which was a joint iva with my partner and it has failed
i am self employed and my work has stopped since before christmas
can anyone tell me what will happen next as i havnt got the money to go bankrupt by myself
in my iva there is apragraph that states that £750 should be kept for bankruptcy but the solicitor says i havnt paid in enough although i know i have made 7 payments of £256
will bailliffs start coming to my home and taking stuff
pls advise

DON79

Hi motivate11

firstly, Bailiffs cannot just turn up at your home, you would need the debt to be taken through the courts to obtain a ccj first. And then if payments via the ccj failed, I believe it would have to go back to court for a bailiff to be appointed.

You may need a certificate to confirm that the IVA has failed if you do intend to go BR.

Can any family or friends help you raise the money to go BR? Are you claiming any benefits which would allow you to be exempt from the court fees meaning you only have to raise £345 for the OR?

I think you should get some advice from National Debtline or CCCS or CAB about the next step too. The numbers are in the sticky at the top of the forum.

Hope this helps

Donna

RobertoMoir

will bailliffs start coming to my home and taking stuff

No. As Donna says, there needs to be a CCJ against you first and bailiffs need to be instructed. They won't simply turn up.

And the type of bailiffs that deal with this kind of debt are very different from the ones dealing with council tax and the like that get bad things written about bailiffs in the newspapers. Bailiffs that work for the county court and enforce CCJs and the like are, generally, polite civil servants who want to solve problems without conflict, not rip your house apart and give themselves grief.

Your situation sounds horrible even with the relief that the messages from Donna and myself will hopefully give you... I wish I had more help to give.

motivate11

thanks dom unfortunatly my only family is my mum who i could call on but her and partner are not in a position to help
i should receive the certificate within a month for non complience of the iva at least bailiffs cant come and take goods just yet not that i have much of value any way
i have just started a benifit claim today for the first time since i left school about 17 yrs ago never thought i see the day this would happen how things can change quite quickly
ps sorry about the grammer not one of my strong points

motivate11

thanks also to roberto i missed you post everything all a bit fuzzy


with everything i only took the iva out because of pride i could have paid for my own bankruptcy over 18 months ago live and learn

motivate11

also if it is ajoint iva does it mean if i go bankrupt that the wife does as well

DON79

Bailiffs can only take certain goods, not anything that is necessary for living and nothing belonging to any children. If it does get that far, do not let them into the house, once they get in, they can come back and enter the property whenever they please unfortunately.

Have you things that you can sell on ebay etc to raise the funds?

Or it has been done before that some who could not raise the fees have used any available credit on credit cards or overdrafts to pay the fees. It is a bit naughty to do this but from what I have read on here, no one has ever really gotten into trouble over it, although the OR may well ask about it. But if you truly have no other choice, then it is useful as a last resort.

Its the way of life sometimes, things change and you cannot have known how things were going to turn out.

you could also check www.entitledto.co.uk to see what benefits you would get.

If it is a joint IVA with your wife and only you go BR, then any joint debts will fall solely to your wife to pay, so it may be best if you both did it at the same time. Unfortunately, this will be two sets of fees and two BR applications.

Donna

RobertoMoir

motivate11 wrote: »

thanks dom unfortunatly my only family is my mum who i could call on but her and partner are not in a position to help
i should receive the certificate within a month for non complience of the iva at least bailiffs cant come and take goods just yet not that i have much of value any way
i have just started a benifit claim today for the first time since i left school about 17 yrs ago never thought i see the day this would happen how things can change quite quickly
ps sorry about the grammer not one of my strong points

Nothing to be ashamed about collecting benefit in your position believe me. I've been on income support and I know it isn't a great feeling but it's help you're entitled to and that you've already paid for. That's all you're doing - getting the assistance you need now after having already paid for it.

motivate11

If it is a joint IVA with your wife and only you go BR, then any joint debts will fall solely to your wife to pay, so it may be best if you both did it at the same time. Unfortunately, this will be two sets of fees and two BR applications.


none of the debts are in joint names mainly my debts but a few catalogues and store cards from the wife
i was told i couldnt do the iva without 15000 debt mine was around 12 so we thought it was the right thing to do at the time by putting them together
if im honest i thought it was my way out of the nightmare and fresh start in 5 years and actually paying back some of the money

DON79

OK, well as long as your wife could cope paying her own debts if you do go BR, then it should be ok - but I don't know the legalites of how the IVA would finish if only one party goes BR. Will need more of an expert than myself am afraid.

That is they way IVA is marketed - too much of a "solve all your problems" thing and it is just not suitable for everyone - I am certain loads of people have fallen for it and been mis-sold IVA's.

BR will be the true fresh start for you.

Donna

justwanabefree

Going through the same process ourselves, both in joint IVA - OH had too much debt piled through court case post IVA and I'm trying not to go BR myself - both self employed. IP does'nt seem to want to progress things as quickly as we do
JWBF