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Possible Mis sold IVA

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Comments

  • fatbelly
    fatbelly Posts: 23,730 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier

    Because you clearly can't afford the existing payments.

    3 years is probably not long enough but these are your full options

    https://debtcamel.co.uk/cant-afford-iva-payments/

  • Grumpelstiltskin
    Grumpelstiltskin Posts: 5,919 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    No you won't the IVA will takes many months to fail, don't worry about that at the moment.

    OK Are you sure you have had yearly statements?

    If you go down to the woods today you better not go alone.
  • Sketcher72
    Sketcher72 Posts: 10 Forumite
    First Post First Anniversary

    I havent had any yearly statements no

  • ManyWays
    ManyWays Posts: 2,168 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper

    Asking for the IVA to be completed "on the basis of the funds paid to date" is NOT failing the IVA, it is finishing it so the rest of the debts are wiped out.

    However. as you have more debts, this probably isn't right for you. It may well be much better to stop paying, tell the IVA firm you want the debt to fail, and then to get a Debt Relief Order (or bankruptcy if you do not qualify for a DRO) as this would clear the other debts as well and get you a clean start.

  • Sketcher72
    Sketcher72 Posts: 10 Forumite
    First Post First Anniversary

    One thing that does concern me is if I do make a complaint to the IVA firm and i bring up the fact that they told me to lie about gambling transactions on my application, I'm complicit, as I signed the paperwork and I've read that lying to creditors has serious consequences for me, even though they said its fine to say they are something else. I feel so stupid.

    So I should ask them to complete the iva on the basis of funds paid to date and see what they come back with?

  • ManyWays
    ManyWays Posts: 2,168 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper

    I do not think a complaint is going to help apart from delaying things.

  • Sketcher72
    Sketcher72 Posts: 10 Forumite
    First Post First Anniversary

    So I should just ask them to complete it on the basis of funds paid to date and see what they cone back with?

  • ManyWays
    ManyWays Posts: 2,168 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper

    How large are the debts that are not in the IVA?

  • Sketcher72
    Sketcher72 Posts: 10 Forumite
    First Post First Anniversary

    Around £1600 off the top if my head. I'm in payment plans to be fair and could probably manage those with some cutting back. When I started the iva it was 39k. I dont know what it is currently ive requested a statement. Ive also asked them if they will end it based on payments made to date.

    I have another issue going on which I've approached a solicitor about, I was prescribed a drug as part of my MS treatment, it's a parkinsons drug to stop restless legs. I've never been inclined to gamble or behave compulsively in my life until a few years ago which is exactly when I was put on this drug and I've found research and warnings which show compulsive behaviour is a side effect.

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