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Getting IVA on track or getting rid...
NorthernLas
Posts: 1,271 Forumite
in IVA & DRO
I am asking for advice for my now partner. My questions are around what his next steps should be.
History:
He has an IVA started in Dec 2012 and to which he has been paying £1 each month since August 2014. The IVA was originally with ClearDebt (now Accenture) and the low payment started because he was made redundant. The original debt was around £15k (he thinks) and the agreement was £130 a month. From August 2014 to July 2016 he was self employed with an unpredictable income (roughly living wage). Since then he has been employed on a temporary basis with his contract being renewed every 3 months. He has an old car and no assets. He is 63 soon, so he has 2-3 years before retirement.
He has submitted IE forms when requested and is currently in discussion with Accenture. The telephone interviews so far seem to be ‘how much can you pay’, ‘can anyone lend you money’. The second interview concluded when it became apparent that the advisor was looking at another persons IE sheets!!!
1. He has asked but not received a statement of what his debts and management charges are. Are the company obliged to provide this information or can they choose not to?
2, He expected the company would ‘fail the IVA’, but they have not suggested this. Any thoughts on why they haven't (e.g. Is he continuing to accrue management fees)?
3. One option is that he pays what he can (about £70 a month), but so far the advisor seems to be working through things asking him where he can save to add to the payment and extending the IVA. How long can the term be extended?
4. There is the option of ‘borrowing’... is this, guess how much they might accept? Or will the debt have been sold on so any offer should be less?
5. If the IVA fails would the IP petition for bankruptcy?
Thanks in advance
History:
He has an IVA started in Dec 2012 and to which he has been paying £1 each month since August 2014. The IVA was originally with ClearDebt (now Accenture) and the low payment started because he was made redundant. The original debt was around £15k (he thinks) and the agreement was £130 a month. From August 2014 to July 2016 he was self employed with an unpredictable income (roughly living wage). Since then he has been employed on a temporary basis with his contract being renewed every 3 months. He has an old car and no assets. He is 63 soon, so he has 2-3 years before retirement.
He has submitted IE forms when requested and is currently in discussion with Accenture. The telephone interviews so far seem to be ‘how much can you pay’, ‘can anyone lend you money’. The second interview concluded when it became apparent that the advisor was looking at another persons IE sheets!!!
1. He has asked but not received a statement of what his debts and management charges are. Are the company obliged to provide this information or can they choose not to?
2, He expected the company would ‘fail the IVA’, but they have not suggested this. Any thoughts on why they haven't (e.g. Is he continuing to accrue management fees)?
3. One option is that he pays what he can (about £70 a month), but so far the advisor seems to be working through things asking him where he can save to add to the payment and extending the IVA. How long can the term be extended?
4. There is the option of ‘borrowing’... is this, guess how much they might accept? Or will the debt have been sold on so any offer should be less?
5. If the IVA fails would the IP petition for bankruptcy?
Thanks in advance
0
Comments
-
Hi,
What a strange situation to be in, never heard of this happening before, weird.
If it were me, I would take back control, stop paying the IVA let it fail.
I very much doubt they will petition for your bankruptcy as you have no assets to realise, so that’s not a worry.
Possibly a debt relief order may help when the dust has settled, see what others think.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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