Watch Mercers - Kallis right but they also (some) say the most insulting, offensive (and probably illegal) things. In one instance in my case Melanie, I believe, raised what was said at a meeting with the people who represent Barclays in order to get it stopped.
I wouldn't worry about them now really as BR is the road you have been forced down by NR. They can't do a lot to you.
Just ignore the calls if you can.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
Hey mate thank you for your comments on my posting with Northern Rock.
Apparently some of the N/r people are easier to deal with than others apparentley i drew the short straw.
I suspect you may have had the same person not sure if i can post the first name of that person.
However it might assist some one else if that person is the same one that is causing the issue.
I had the same issue with my wife's income but I was lucky they are outvoted.
My wifes income whilst declared in the initial IVA is now out.
Good luck with the bankrupcy but hey it cant be any worse and at least in 3 years you will be clear.
with regard to the phone calls suggest you use the blocking number or change your phone number.
A whistle might help as well that usually gets them to hang up
Good luck to the future.
I've started to fill out the BR forms, but have to say they look very difficult, they want all sorts of information including dates and to be honest I'm a little unsure of soem of these dates. Was wondering just how important accuracy of dates is the the whole procedure?
Also they ask for dates as to when I got into debt with each of my creditors, with loans thats fairly straight forward, but with credit cards there isn't really a specific date as the debt was incurred over a period of time.
Last question .. they are asking about any shared equity up to 5 years ago, well I was married with my decree absolute being granted 4 years ago .. however we were legally seperated for 2 years prior to our actual divorce, my x-wife paid me a sum in order to remove me from the mortgage with a signed agreement that she would pay me a further sum if she sold the house, since then we have reached a further agreement that I would release her from that agreement on the understanding that I could reduce my maintaince payments to her for a period of 5 years (all of these agreements were passed through solicitors and written as contracts) .. will any of this have to ne declared upon the BR paperwork?
Sorry to throw these questions in, but I don't really want my x-wife to be dragged into my BR.
NB: none of my current debts were incurred while I was married and all debts we jointly had were cleared before of decree absolute.
Last edited by Fugazi on Mon Jun 08, 2009 10:53 am, edited 1 time in total.
Hi Fugazi, upon reflection is it worth throwing the IVA for £100 a month. I totally agree the NR mod is unfair and the principle is hard to accept, but for the sake of about £1k a year for the last 3 years of the IVA it may be worth reconsidering.
£100 is not that much, things change fast and you and your partners salary could easily change in next two years to cover that. If your salary rises you may not even have to ask her for it.
Even if she does have to contribute if it is for 3 years only, your would easily pay her back post IVA very quickly.
I hated the fact I had to consider to the unfair proposals of NR but the anger will subside and if you are left wiuth something managable them perhaps it could be a go-er
Hi Fugazi. It would be very difficult for a trustee to overturn legal agreements ratified by a court and in fact there was a particular judgement that I found hard to believe where the Law Lords sided with a bankrupt's ex spouse. You should declare any transfers that occurred and provide the back up paperwork when and if requested. The bankruptcy papers ask you to provide the name and address of any solicitor acting for you in matrimonial so the OR may contact them directly for verification of what you have stated.
Its a possability to consider, but I don't want to be in the position of having to guarentee something that may not be avaialble, there are many things that could happen in 2 years, my partner and I could decide to seperate, and really why should she have to saddled with payments to a debt that has nothing to do with her. If the 2 years comes around and we cannot afford to add the extra £100 then as I understand it a new meeting of creditors would have to be called and NR could quite easily turn down any new proposal and the IVA fails, leaving me in the same position I am now .. even though I would have paid into the IVA for those two years ... not a risk I am prepared to take I'm afraid (got myself into the position I am by betting on the future)
Thank you for your response. Would all this information still be required even though the intial transfer took place 6 years ago (the form only states 5 years) the main change was the ammendment to the agreement which was approx 18 months ago, I realise I will have to include that .. what I don't want is for them to say that my x-wife has to release the money from the orginal agreement.
Our agreements never went through the court process, our seperation and divorce was very civil and all out agreements were made without the need to involve the court, all the solicitors did was to draw the agreements up in a legal way.
We seperated for 2 years and then my x-wife applied for a divorce which was granted on the 2 year seperation rule.
Fully understand that Fugazi, you are right, whatever decision you take now you need to have certainty and ownership that it can succeed and you will not find yourself in an untenable position in the future.
I hear that a Liverpool solicitor was filing against NR on behalf of 2 clients who they refused an IVA. Does anyone know the outcome.
If the transfer was over 5 years ago it is not an issue and would be almost to overturn even if there was no consent order. The amendments would have to be declared but like you I see no real issue.
I do not think that any of these issues would be of concern to the Trustee, and as you say you have Court paperwork to back up the decision s that you take.
If you cannot remember actual dates required on the forms, put down estimates - as at the end of the day you can only complete them to the best of your ability.
My x-wife has just rang me and I mentioned about petitioning for BR and we got onto the subject of the agreement we had and she has informed me that she didn't go to a solicitor and the new agreement we have is purely between us .. does this mean it would not be viewed as legally binding by an IP and if it isn't would the IP expect my x-wife to pay me the outstanding amount tied up with her house (£10,000) because if so I really am screwed, there is no way she can pay that without selling the house, no way I want her to have to do that.
suicide seems the best b***** answer at the moment!!!!
