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Statement of Affairs - Any help appreciated.

LTP123
LTP123 Posts: 136 Forumite
Tenth Anniversary Combo Breaker
edited 26 January 2011 at 11:18PM in Bankruptcy & living with it
Hello everyone I am hoping someone could guide me?

My husband and I have failed our IVA's as we were unable to meet the payment every month.

We approached a BR assist firm who have been helpful and have informed us that to carry on assisting their fee will be £1200 for both of us. This will be the completion of all papers and attendence at the court with us.

I have read that some judges do not allow them to come into the court with you and that they may realise the papers have been completed by a third party and not accept them.

What we want to know really is, should we pay him? The IVA has wasted a lot of money for us already in high IP fees we don't want to get this wrong too.

What appeals to us rightly or wrongly, is that he may be able to help us avoid getting a high IPA.

Any help welcome, thanks.

I changed the title of my thread as I thought more people may look in. Thanks.
«1

Comments

  • JCS1
    JCS1 Posts: 5,336 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    They are very much a mixed bag, some are ok and some are awful.

    But, if you have a copy of your IVA proposal that contains a lot of information that would go on your BR paperwork (and I have seen some SOA that are copied word for word from the IVA, making a very expensive copy job!).

    It is a form that you can fill in yourself and save the money, if you get stuck you can pop a question on here and someone will be able to answer.

    Regarding an IPA, as the company made you aware of the new guidelines?

    Also, have you taken any advice from one of the free debt companies?
  • dojoman
    dojoman Posts: 12,027 Forumite
    Personally I would not pay anyone to help you, the process is reasonably straight forward, and you can gel all the help/advice you will need on here.
    :pB&SC No. 298
    Life`s Tragedy is that we get OLD too soon
    and WISE too late!
  • LTP123 wrote: »
    We approached a BR assist firm who have been helpful and have informed us that to carry on assisting their fee will be £1200 for both of us. This will be the completion of all papers and attendence at the court with us.

    Is this in addition to the BR deposit and court fee (£600 per person if you're not fee-exempt)?

    Seems like a lot of money, if that's the case. Courts will ask if you've taken advice, but organisations such as CAB will give that for free :) Get in now, while you still can.
    :rudolf: Sheep, pigs, hens and bees on our Teesdale smallholding :rudolf:
  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    A lot of people have done their own forms with help form on here or a local CAB. Also there are people on here that have gone through it and know what's what and those that work in the industry - some as debt adviser etc who I'm sure will be happy to help. Regarding whether you would get an IPA or not I'm sure the people on here will help you and let you know what the outcome is likely to be.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • Never pay someone to do something you can do yourself for free..
    Plus, where are you going to get the £1200 + fees from?
    Total 'Failed Business' Debt £29,043
    Que sera, sera. <3
  • LTP123
    LTP123 Posts: 136 Forumite
    Tenth Anniversary Combo Breaker
    Hi everyone and thankyou for your responses. My husbands car is more than £2000 so we were going to sell that to pay him... Still would be a struggle though because the court fees would be on top of that.

    Our IVA left us very short and I only worry about the SOA really as I don't want to leave anything off and we are short again.
  • JCS1
    JCS1 Posts: 5,336 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    How much is the car worth and is there any finance (and what type) on it?

    And post up your SOA and you'll get plenty of advice and suggestions.
  • LTP123
    LTP123 Posts: 136 Forumite
    Tenth Anniversary Combo Breaker
    Thanks JCS1. No finance the car is worth, using Car Spotter, £3750. It is 10 yrs old this year.

    I am about to change jobs as mine is making me ill. I will be on less pay, do you think the OR will frown on this? I've stayed in the job too long and it has been to my detriment however, I had to so that we could try and pay our debts back.

    I will do my SOA and post. Thanks again for your help.
  • JCS1
    JCS1 Posts: 5,336 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Check out the price on parkers and be critical of the condition.

    And the OR will have no issue with you changing job.

    I do think there comes a time when a person decides that their health & family has to come first, and then BR is an option to let you start again.
  • LTP123
    LTP123 Posts: 136 Forumite
    Tenth Anniversary Combo Breaker
    Okay, I haven't put my unsecured debts as we are currently tied up with the iva. We pay £480 combined and the debt is around £43000.

    One nagging thing I have is that my husbands wages change month on month and are hard to work out, I think this is why we struggled with the IVA.

    For now I have put his basic wages in and will inform you that it can be £100 - £120 more a month due to enhanced rates for weekends and evenings.



    Household Information[/b]
    Number of adults in household........... 2
    Number of children in household......... 1
    Number of cars owned.................... 2
    Monthly Income Details
    Monthly income after tax................ 930
    Partners monthly income after tax....... 1032
    Benefits................................ 130
    Other income............................ 0
    Total monthly income.................... 2092
    Monthly Expense Details
    Mortgage................................ 674
    Secured/HP loan repayments.............. 0
    Rent.................................... 0
    Management charge (leasehold property).. 0
    Council tax............................. 96
    Electricity............................. 50
    Gas..................................... 68
    Oil..................................... 0
    Water rates............................. 42
    Telephone (land line)................... 13
    Mobile phone............................ 40
    TV Licence.............................. 12
    Satellite/Cable TV...................... 12
    Internet Services....................... 30
    Groceries etc. ......................... 400
    Clothing................................ 80
    Petrol/diesel........................... 130
    Road tax................................ 26
    Car Insurance........................... 100
    Car maintenance (including MOT)......... 30
    Car parking............................. 0
    Other travel............................ 0
    Childcare/nursery....................... 69
    Other child related expenses............ 0
    Medical (prescriptions, dentist etc).... 30
    Pet insurance/vet bills................. 14
    Buildings insurance..................... 10
    Contents insurance...................... 10
    Life assurance ......................... 0
    Other insurance......................... 0
    Presents (birthday, christmas etc)...... 20
    Haircuts................................ 15
    Entertainment........................... 0
    Holiday................................. 80
    Emergency fund.......................... 50
    Total monthly expenses.................. 2101

    Assets
    Cash.................................... 0
    House value (Gross)..................... 105000
    Shares and bonds........................ 0
    Car(s).................................. 4850
    Other assets............................ 0
    Total Assets............................ 109850

    Secured & HP Debts
    Description....................Debt......Monthly...APR
    Mortgage...................... 111500...(674)......7.9
    Total secured & HP debts...... 111500....-.........-
    Unsecured Debts
    Description....................Debt......Monthly...APR
    Total unsecured debts..........0.........0.........-

    Monthly Budget Summary
    Total monthly income.................... 2,092
    Expenses (including HP & secured debts). 2,101
    Available for debt repayments........... -9
    Monthly UNsecured debt repayments....... 0
    Amount short for making debt repayments. -9
    Personal Balance Sheet Summary
    Total assets (things you own)........... 109,850
    Total HP & Secured debt................. -111,500
    Total Unsecured debt.................... -0
    Net Assets.............................. -1,650
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