Told my IVA is to fail : My road and diary to bankruptcy

FeelingLow

Hi Rylynn you have already been given some great advice but i just wanted to welcome you to the mad house & wish you luck xx

Depth_Charge

Hi Rylynn.

Yours is a long but very well presented and very interesting post and you have already been given some great advice / opinions on here.

All your creditor details and all lot of other information should be on your original IVA proposals which is relatively simple then to transfer to a bankruptcy petition if that is the course you wil be taking. You would of course have to add information on what has happened since but you have just about done that with your original post.

If you have not got a copy of your original IVA proposal then you could request it from Payplan, surely they could do this.

Bankruptcy can be a serious step so make sure you do get professional advice on all the implications before taking this step. To be honest though I would have to say that this and other questions you have asked on here should have already been explained at the outset of your IVA and since really, but it does not surprise me.

Wishing you well.

D.C.

Merry_Gentry

Good morning, and welcome to the forum!! :hello:

Rylynn

Sunday 8 May

Thank you all very much for your welcomes and advice.

So firstly from reading here I do not have to worry about the creditors or how much I owe as I have not got a clue due to it being dealt with by the IVA. However how do I feel in the forms without that information? Surely the court will need that information to BR me before I get to see the OR?

I will ring my local court and find out how they work tomorrow, makes knot in hankie!:rotfl:

On the IVA being "sold" to me, this is a bit harder, I did not want to go bankrupt, but I have to say although the option was explained, it was never explained that the money paid in was not going to the creditors immediately. Which is appalling as they even earn interest on it I assume. It was never explained that if it failed my creditors would get nothing either, so I feel very cheated in having paid what looks like in excess of £5000! and if what I am reading is right my creditors have not had a penny of it.:eek: I will get looking for some documents and also will pm you tigerlily. Have been watching the tennis for a bit of light relief, relief is my guy won, go Nadal!:T

Summer1969

Hi Rylynn, well done on doing your own thread. I can't be much help re practical advice as BR is very new to me and I am just about to start going through it, as you know, but just wanted to say, keep posting, you will have loads of support. xx

Rylynn

Well can help each other out then Summer over the coming weeks or months, as I have no idea how long this is going to take.

I have to wait for Payplan to call me back, or call them back which I may just do having read so much on here, I think I want some answers to why I was not told in writing 4 months ago they would fail the IVA if no payments were made.

It would have changed nothing to my financial position, but at least I would have been more prepared and aware it was going to happen, instead I was fed lies by someone who has now conveniently left!

I have read today on here about my car, and have to consider how I make a claim for its exemption, will the OR accept doctors letters on my illness? or will he take my word for it? I have to see Occupational Health this Tuesday, and know he will send a copy of his letter to me that he sends to my company (NHS Health authority) who I have worked for now for over 7 years, and I am sure in this he will state once again I can work no more than the 25 hours I am doing. I have all his previous letters as well, and have to use the disabled car parking spaces in work due to a knee injury as well as the ME, I will ask him to state this again I think in his letter as my line manager queried it, and it would be useful I hope for the OR to see this stated as well, any comments on this would be much appreciated. I am not on any benefits, but was on incapacity benefit for 5 months when sick pay was stopped. My company kept my job open, but it was not out of the goodness of their hearts they had to I think from what I was told by Occ Health.

However that does not mean they could not try to get shot of me if my hours do not increase, another bridge I will have to cross when it and if it happens. No good worrying in advance of these things as it does not help my health as stress makes the ME ten times worse.

Back on the car thing, I cannot lift anything heavy (as to complicate matters I have vitamin D deficiency which affects my bones, honest I am not falling ti bits it just appears I am:rotfl: :rotfl: ) my nearest supermarket is 2 miles away, not far, but I cannot do a weekly shop and carry it, and 2lb of sugar is about all I would be advised to carry over any distance. Therefore I need the car for this as well, although I guess they could argue I could have it delivered! :rolleyes:

So hoping for some information from any of you who have been thru this with a car.

Rylynn

betterlatethannever

If you can get supporting letters from your OH therapist then it will go along way towards helping your claim for exemption, and it certainly can't do any harm

Merry_Gentry

Hey Rylynn, I think as much back up information that you can provide the better. It may well be that you don't need it, but better to be safe than sorry. Sounds like you have a plan of action :cool:

Rylynn

He is really nice BLTN, and has been on my side all the way thru this. He knows I suffered the most dreadful bullying in 2004/05, he also went nuts when I told him I had been asked to empty 3 huge filing floor to ceiling cabinets in January, and most of it was files full of paper, boxes full of brochures, and I ended up being really rough, the pains in my arms and legs was unbearable, but I was concerned they would say she can go, she cant do the job. His letter to them stated very clearly that this was not acceptable, and damn me if HR did not then have a go at me, said they did not like being ticked off, and I should have said NO cant do that. I am a secretary by the way. I have to say the line manager is hell bent on getting rid of me, she is the bully by the way. She seems to want to give me things that are going to either make me bend down all day picking up files, or stand for ages photocopying, both of which affect my health, but so far I have just tried to keep my cool. I have a son to support.

So that said I am hoping to get my OH doctor and he is a qualified doctor, to state a few facts in the letter this time to the company, that I can then use for the OR to see the level of what I can and cannot do.

Rylynn

debt_doctor

Hi,

If I were you I would go and get some advice from a CAB with an employment specialist, a law centre or solicitor if you are legally aidable. You seem to have excellent grounds for constructive / unfair dismissal under DDA ( disability discrimination act ). I would start to keep a diary and gather witnesses. The compensation under DDA has no ceiling, and some massive payouts have resulted.

Also I think you should apply for DLA, as if you cant carry a 2 lb bag of sugar for long then Idoubt whether you could carry large saucepans full of boiling water, which is part of the test.

Best

DD