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  • FIRST POST
    • didsy1
    • By didsy1 15th Apr 18, 7:08 PM
    • 21Posts
    • 6Thanks
    didsy1
    Hceo iva
    • #1
    • 15th Apr 18, 7:08 PM
    Hceo iva 15th Apr 18 at 7:08 PM
    Hi
    On behalf of my step daughter.
    She basically has got herself into a mess.
    This is what I have managed to work out from her situation.
    The local water authority passed her areas to a company who took the case of monies owed to county court,
    She agreed a payment plan with them.
    She sincerely believed that this the only money she needed to pay to the local water authority.
    Then she started getting letters direct from the water authority stating she owed them money.
    So she phoned them up and told them that she was already paying money for water rates to someone else, they obviously donít accept this. So she done the worst thing she could of done. She stopped the money for the CCJ and has paid nothing to southern water since she has ignored every letter sent out and HCEO contacted her on Friday to give her seven days notice To collect the payment in full.
    She has other debts and has not been able to manage her money.
    I have been on step change today they recommended bankruptcy or IVA but this does not take care of HCEO. It does leave her £286 per month to pay towards the enforcement.
    She didnít have this money before but was last week awarded £330 per month for her 5 year olds severe autism she has coped with out this money for 5 years. The total amount to clear the debt is £1846. Her husband works she cares full time for the 5 year old. Is she allowed to use this money to pay the HCE and how likely is it they will accept instalments of £286 per month
Page 1
    • fatbelly
    • By fatbelly 15th Apr 18, 9:02 PM
    • 12,170 Posts
    • 9,205 Thanks
    fatbelly
    • #2
    • 15th Apr 18, 9:02 PM
    • #2
    • 15th Apr 18, 9:02 PM
    An HCEO has no greater powers than any other bailiff. If he has not taken control of an asset worth £1846 then he can be ignored and she should proceed with the course of action recommended by the debt adviser, assuming that advice is correct, which you would hope it would be.

    The water debt would be a normal qualifying debt and would be dealt with by insolvency.

    Provided she does not own property or any other valuable asset then I don't see the advantage of an IVA over bankruptcy
    • didsy1
    • By didsy1 15th Apr 18, 9:23 PM
    • 21 Posts
    • 6 Thanks
    didsy1
    • #3
    • 15th Apr 18, 9:23 PM
    • #3
    • 15th Apr 18, 9:23 PM
    Thank you for your reply
    We are waiting on advice from step change.
    Ok I made an error here as I thought the water bill would not be included in a bankruptcy.
    I believed that she would pay her BR fee and still be left with the HCEO bill that said I!!!8217;m not sure if we could get her filed for bankruptcy that quick.
    I will get her to discuss this with step change tomorrow thanks again
    • sourcrates
    • By sourcrates 15th Apr 18, 11:01 PM
    • 13,775 Posts
    • 13,092 Thanks
    sourcrates
    • #4
    • 15th Apr 18, 11:01 PM
    • #4
    • 15th Apr 18, 11:01 PM
    Almost any debt can be included in Bankruptcy, itís a very quick process, all done on line, over the phone, and by post now, no requirement to appear in court.

    The decision to go bankrupt should not taken lightly, but if itís recommended, then I see no reason not to.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
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