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First Post Help Please

Recently stopped paying our IVA as we had no standard of life and it wasn't working for us any more.I sent a registered letter to the Debt management company explaining that my wife and I were at the end of our rope. Anyway we have heard nothing from them in about three and a half months, we are saving up to go bankrupt as we have explored every angle but this is our only path now. Can anyone advise what our route should be and what we can expect. Also should the debt management company and indeed the court take our daughters Disability living allowance and my wifes carers pay into consideration.
Almost five years of having no life as I am sure most of you know how it feels, we have managed to keep it from the kids but it was starting to creep through that is why enough was enough. We just want to have our life back again and be able to take the kids on holiday again etc, thanks all :beer:

Comments

  • confused76
    confused76 Posts: 12,680 Forumite
    Part of the Furniture Combo Breaker
    docthetim wrote: »
    Recently stopped paying our IVA as we had no standard of life and it wasn't working for us any more.I sent a registered letter to the Debt management company explaining that my wife and I were at the end of our rope. Anyway we have heard nothing from them in about three and a half months, we are saving up to go bankrupt as we have explored every angle but this is our only path now. Can anyone advise what our route should be and what we can expect. Also should the debt management company and indeed the court take our daughters Disability living allowance and my wifes carers pay into consideration.
    Almost five years of having no life as I am sure most of you know how it feels, we have managed to keep it from the kids but it was starting to creep through that is why enough was enough. We just want to have our life back again and be able to take the kids on holiday again etc, thanks all :beer:

    hi there
    sorry to hear you're struggling. you will find plenty of people on here in the same boat, or have been through similar so lots of friendly 'faces'

    please take advice from one of the free debt charities, such as the national debtline, cccs or the cab. you will need to have taken advice before you can be declared br

    please don't pay anyone to help you go br, you can get free advice from the debt charities above, or ask questions on here. the forms are relatively straightforward, you can get paper copies from your local court, or complete them online (you can save a bit and go back at a later date to amend etc) http://www.insolvency.gov.uk/.

    i am not sure but you may need a certificate of failure for the IVA, check with the debt charity. i am not sure about the disability living allowance and careers pay either sorry

    here is some reading:
    https://forums.moneysavingexpert.com/discussion/1056083

    if you have any further questions make sure you post them
    take care x
  • Richard_S
    Richard_S Posts: 4,432 Forumite
    docthetim wrote: »
    Recently stopped paying our IVA as we had no standard of life and it wasn't working for us any more.I sent a registered letter to the Debt management company explaining that my wife and I were at the end of our rope. Anyway we have heard nothing from them in about three and a half months,They don't usually respond under those circumstances unless they think there's anything to be gained. we are saving up to go bankrupt as we have explored every angle but this is our only path now. Can anyone advise what our route should be and what we can expect. Also should the debt management company and indeed the court take our daughters Disability living allowance and my wifes carers pay into consideration. Benefits are not usually taken into consideration when calculating a bankrupt's income, and certainly not when the beneficiary is a dependent.
    Almost five years of having no life as I am sure most of you know how it feels, we have managed to keep it from the kids but it was starting to creep through that is why enough was enough. We just want to have our life back again and be able to take the kids on holiday again the first holiday we'd had in years was just after we'd been declared bankrupt. etc, thanks all :beer:

    Hi doc,

    As far as the route you should take and what to expect, probably the best answers to those questions is to look at the diaries people have posted over the last few years. They invariably detail the practicalities, personal emotions and answer any other question you can imagine.

    It's been almost four years since we took that route and it certainly hasn't been easy, but it's something I almost never think about now. You take the good with the bad and move on to life's next "little adventure".

    Best regards

    Richard
  • Many thanks people.....
  • Re DLA for a sibbling, or anyone for that matter, no
    > In general terms because your wife is in receipt of DLA with the higher rate
    > of mobility the continued payment of the HP on her vehicle would not be seen
    > as a preferrential payment. All she is doing is the using the money given
    > for the reason it was given.
    >

    A small snippet from an email i have re DLA from the IS.

    While it may not be obvious why at first its the bit in red that matters

    While it may be counted, it should be offset by the needs it is payed for, just make sure it is.

    On the form enter it, and enter an expense for her care/needs for the same amount.

    It SHOULD NOT be questioned
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