IVA had creditors meeting....now freaking out!!!

Choo_Choo_4

skintflint103 wrote: »

Only people who have an interest in promoting IVAs could possibly suggest that all persons in a houshold have a duty to contribute.

From post #7 (by ME)
No one is responsible for anyone elses debt - they cannot be.
It's simply a matter of people WANTING to help out or being WILLING to help a partner out so that something can be resolved...but they certainly do not HAVE to ...

Debtors living in housholds do not allways have to contribute to households my kids never paid me a dime neither did my granny. According to your warped logic if i were in an IVA (shudder) then they should have paid toward my debt.

According to whose warped logic? Again see above ... or another part of #7 (by ME)

If you are saying that this happens and people are being told their elderly mum must pay her pension to cover their debts just because she lives with them THEN PLEASE REPORT IT. IT'S HIGHLY UNETHICAL AND ILLEGAL AND MUST BE STOPPED!!!!!!!!

But ... if my mother was living with me and WANTED to give me £100 per month towards the groceries or FELT BETTER paying something then it's up to me whether or not I want to tell the IP about this. How else would they know? But I might WANT to make my situation look better and show them that I CAN afford the extra £45 per month to meet creditors expectations ...

Does that mean that my mother is PAYING for my IVA or that she is contributing to her keep. I wouldn't even have to divulge this information as it might not be a permanent set-up and I might think that it could be put aside for the WHAT IFs ...

If someone living at home WISHES to pay money into the household then no-one on any forum can say that is wrong but what is wrong is ANYONE TELLING YOUR GRANDMA, DAUGHTER, MOTHER ETC THAT THEY HAVE TO CONTRIBUTE TO YOUR IVA TO MAKE IT WORK (JUST BECAUSE THEY'RE UNDER THE SAME ROOF) ARE LYING AND SHOULD BE REPORTED.

or

from post #11

there is NO DUTY, no necessity to pay towards another person's liabilities.

Charco_2

skintflint103 wrote: »

to address the point on the mortgage, in marriage split matrimonial law takes precedence. A partner proving an interest may claim part of profit.But what if one person owns and the property gets repossessed does the mortgagee have a right to pursue all occupants of the property? Answer; big fat no and you are trying to muddy the water to suit your master's ends. Only people who have an interest in promoting IVAs could possibly suggest that all persons in a houshold have a duty to contribute. What if they move out get redundant etc,? what if they get a pay rise before yearly review.? It is enshrined in law that in normal circumstance one person can not be held responsible for anothers debts. Except in IVA practice it seems. No one, no one, no one, comes to your house in any type of debt situation unless a court order is in force and a bailiff is sent. mostly for council tax. you don't even have to let them in even then (1). Although some might suggest that you should cos you do owe the money,on your logic they should be allowed to take some one els'e tv just because the debtor has watched it! (2). Pleeeeeeze!Debtors living in housholds do not allways have to contribute to households my kids never paid me a dime neither did my granny.(3) According to your warped logic if i were in an IVA (shudder) then they should have paid toward my debt. Pleeeeeeze! Child benefit, dla money, all taken into account. In bankruptcy the OR is NOT ALLOWED to take benefit money. But IPs can.. Very fair (4)

1. This is not true, people do call at your door for debts. Debt Collectors do exist - it just so happens that they have less power than the paper boy but that's another matter. They are designed to intimidate those who know no better. Bailiffs on the other hand do have powers and as you said do turn up generally for council tax (or other tax) debts. You don't have to let them in but they can enter through any open door or window and once in they then have the right to return without your permission. (But i don't see the point of this in your post? More lies? More this is what IPs tell you so they're crooks?)

2. No, DO NOT LET THEM IN, but deal with your debts!

3. I never paid my parents a dime and my kids don't pay me! But some households do - and if you're looking to enter an IVA, your creditors are definitely going to reject the proposal if an adult with an income is free loading in your house. No-one is asking them to pay your debts, just that they pay their own way. If you're £34k in debt and struggling, you can't afford to feed your 25 year old son who has a job anyway but wants to spend his money on nights out with his friends and new trainers or jeans.

4. NO it's not taken by the IP and NO it's not ignored by the OR - you're either deliberately misleading people here or you're unwilling to learn something because this has been discussed before. BY YOU!
IF your sole income is benefits then it cannot be touched by the OR that much is true. However if you earn an income, that can be contributed to your solution.
If you get child benefit, then in your IVA and your BR the amounts are cancelled out by your expenses.

- You earn £1000 a month at your job and you get £144 child benefit. So your house hold income is £1144.
- Your expenses are £800 (INCLUDING nappies and creche and baby food and clothes etc which comes to £200)
Do you have a surplus of £200 to offer your creditors? (£1000 - £800) OR
Do you have a surplus of £344 to offer to your creditors? (£1144 - £800)

Why should you be able to collect £144 to contribute towards the costs of your children and then not spend that money on your children?
Do you have to spend your earned money on your children?

Obviously the Child benefit doesn't cover the whole cost of having kids. The kids cost £200, so you have to spend £66 of your hard earned money to subsidise the kids.

Doing it your way Skint, the debtor should take the £200 out of his £800 bills, pay £400 to his creditors and the kids will just have to make do on £144 regardless!

RuthnJasper

james78 wrote: »

I just found out I need glasses / contact lenses as had an eye test today - can I tell them this to allow £15-20 a month....?.

James - in my experience, you are never alone on MSE. I can't tell you how much it has helped me over the past year. Martin should be instantly Knighted!.

Regarding the bit of your message I've quoted, my IVA people (DebtFreeDirect) allow me £23 per month for my contact lenses. This is an essential expense - if a qualified optician deems that you need glasses/lenses then you must have them. You may or may not remember a court case from a few years back - a chap was prescribed glasses for reading. He struck and killed a young lady pedestrian when driving his car whilst not wearing his specs and was convicted for dangerous driving because he should have been wearing his glasses for driving (to read road signs, traffic signals, spot pedestrians at a bit of a distance, etc.).

Your IVA people must allow you to have your glasses or lenses.

Speaking from personal experience, with regard to your other points, I would say go for the IVA rather than bankruptcy. It has less long-term impact and, for me at least, was the best thing I ever did.

The final decision is yours and no-one can make it for you. But you have already shown that you have strength by turning around and squaring up to the debts at your tail. If it were me, I would at least attempt to sort things out with an IVA before resorting to bankruptcy.

But, whatever you decide after careful thought - I'm sure you will choose what is right for YOU. Please keep us posted with your progress. We're rooting for you - you are NOT alone. And, one day, all this will be in the past.

Keep smiling - even if it is difficult at the moment. Lots of people have faith in your ability to get through this, so take strength and comfort in that.

R&J x

P.S. Other posters here all make valid points - but I'm sorry that this thread seems to have degenerated into a bit of an argument whilst you are genuinely asking for help and advice. x

james78_2

So guys, I went with the IVA - 4 months in and it's going ok. I had a few issues with debt collectors still contacting me and 1 hairy moment when I got a CCJ as the company involved had not done their job properly but it's all sorted out now.

It's a huge weight off my mind and I can get one with my life! Yeah I can't get credit but thats a good thing - really helps me control my money....and budget which is something I did not do well until now!

I just had another question....I had an AA loan that I paid PPI on.....I think I was mis-sold it as I had a ongoing pre-existing medical condition - they never asked about this you see..and the guy on the phone basically said I have to get the insurence.

Can I claim this back now even though I have an IVA?? There was only 10 months left on the loan when I took the IVA out.

trudij

You can try - you will ahve to let your IP know that you are doing it, and they will want at least half of it when you get it back - but why not - if you lose you arent any worse off, and if you win....



good luck !! (only 4 years,8 months left - yay!!!)