Had 2 letters this morn - breach of iva -am scared

[sweetmonkey]

Hi all. I have just completed my second year IVA in December and have had 2 letters this morn. one to say i am in breach as i am 3 months in arrears - This happened right at the start of the iva as the company hadnt set up the direct debit so they said as i started 3 months late through their error i would just pay an extra 3 months at the end. Also this didnt seem to be a prob at the end of the 1st year.
A diff company has now taken it over and this is who the 2 letters are from . the second letter is one to the court and creditors with amounts etc but also says i am in breach of the iva. there is no way i can pay th 860 pounds they are after for the arrears as i physically dont have it.
I have tried phoning them today after i recd the letters but no answer and i just dont want to spend all weekend panicking about it but im scared if i am made bankrupt they could come to my home and my dad would find out about it

[kallis3]

Your company probably doesn't work weekends.

You do need to speak to them on Monday though. Explain what has happened. As you are into your third year, it is in no ones interests for your IVA to fail. I am sure you can come to some arrangement to pay off the arrears.

They won't make you bankrupt unless there is provision in your proposal for this. No one should call at your home, but your name will be in the local paper.

I'm sure it won't come to that though.

[sweetmonkey]

thanks. do you think they will just let me add it on to the end of the IVA. All my payments have been made on time and they will be able to see that. i just cant afford to pay anymore as also i am moving in with my partner later on in the year so def will have no more money. just wish i could speak to them now about it.

[kallis3]

They may do, but that is something you will have to take up with them.

[MelanieGiles]

If you are only three months in breach - send them a cheque for £10 which brings it under the breach level and you ought then be able to carry on with the original agreement to pay the remainder at the end.

This could have been dealt with quite sensibly by your IP, without resorting to silliness - although they are technically correct.

[sweetmonkey]

thanks. will speak to them on monday and see about sending a postal order as because of my bank account do not have a cheque book.

I think my IVA company has changed 2 or 3 times since i took it. just makes me panic when ive done everything right my end but receive a letter sent to the courts saying i am in breach. just looks bad on me then even though ive made all my payments

[MelanieGiles]

What company are you with now, and who did you start with?

[sweetmonkey]

i started with first class debt solutions, which then went to blue tulip and i am now with invocas

[MelanieGiles]

Never heard of the first two - know that last one!

[sweetmonkey]

just wish i knew what would happen. if i was to be made bankrupt would my family find out about it? i couldnt bare to feel like i have let them down

[kallis3]

Why do these letters always come on a Saturday! I'm sure the timing must be deliberate!

I don't think it will come to that sweetmonkey, I am sure you will be able to sort this out.

The only way your family would find out about bankruptcy would be if they saw your name in the paper. Otherwise they wouldn't need to know.

[sweetmonkey]

thank you for your help. my head is all over the place at the mo. my nan died last month and ive had had a sickness thing for 2 weeks. i know what you mean about the saturday thing. it just sort of makes it worse in a way.
Roll on monday and i will phone them[:)]

[kallis3]

You've had an horrendous time sweetmonkey, and you can do without all this stress as well.

Get on to them first thing on Monday and don't be fobbed off by an office worker! You could always email your IP today as well, he would get that by Monday morning. You can have a look to see if you can find him on here:

http://www.insolvency-service.co.uk/newipsearch.htm

Let us know how you get on.

[MelanieGiles]

We are getting there Gordon, but it may take some time yet before we are all consistent in approach across the board. This is why it is so important to choose the right IP to act for you in the first place.

[MelanieGiles]

The problem is that a lot of IPs are merely employees of the firms they work for, in contrast to myself who actually owns the company. Employees tend to move around, whereas business owners tend to stick around.