Is Bankruptcy the Next Step

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swardy73

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Post by swardy73 » Tue Jun 19, 2007 9:18 pm
Hi. I have just joined forum today and find this a fantastic site (only came accross it a couple of days ago). In March 2006, i found my debts spiralling out of control. I had loans with four banks and also 3 credit cards. I admit, much of my debts were my own stupid fault living beyond my means, and i turned a blind eye to it for too long. I was trying to get loans to pay off loans over longer periods of time. In March 06, i made an appointment to see my bank manager at my main bank (whom i had banked with for 17 years) and the manager went through a consolidation form and decided i should have no problem as long as i paid my debts over 8 years. He said he would just need authorisation and would be back to me first thing next morning. Four days later after trying to get hold of him myself, he told me that the loan had been rejected. They had decided i couldn't afford to pay back £200 less per month, but seemed happy for me to carry on as i was! I was fuming. A week later, i stumbled accross an IVA company, and within a couple of weeks, they had seen me and everything was put in place, much to my relief. They told me an IVA was the thing for me. My debts were 34k, and they agreed i could pay £351 over 60 months. I had to move back to my mum's to pay cheap rent and i have never owned my own house (only rented). 15 months on, my IVA is now £409 per month (due to payrise) and i also pay an extra £20 per month due to a reduced IVA payment in January due to essential car repairs. I also pay £12.50 per month just to use the bank they provided for my use, so really at the moment i am paying approx £440 per month. I take home £1020 after tax, and i pay £200 rent, £100 in petrol, £42 car insurance, £18 options by direct debit, £25 per month mobile phone. I also put down £100 per month for housekeeping/Food, and £25 clothing. For the past 5 or 6 months, i have borrowed extra money off friends and family as i am always broke, and seem to come accross unexpected things each month. For example, i have had some heart problems, and am on 4 lots of medication which is £27 per month, and i had my computer fixed last month which was £70. I have had some advice from some experts in last couple of weeks and both have said that bankruptcy was easily my best option as i dont own my own house and my car is worth about £500. I dont feel this was ever given to me as a decent option when the IVA was set up and i wish i hadn't agreed to the first company who came calling without checking things out (but i was very vulnerable and naive at the time!), but checking how much the IVA company take in fees, i can see why they decided this was right for me! I know i am 15 months into IVA but 45 months of extra worry and borrowing more from family fills me with dread. I dont like the thought of bankruptcy (the stigma attached), but it is starting to seem the most likely option. Sorry for the essay, but does anyone have any advise? Thanks a lot.
 
 

lily

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Post by lily » Tue Jun 19, 2007 9:38 pm
You have two options well 3.

You can remain in the IVA for the remainder. This is usually a good option if you want to repay your debts and or you want to protect an asset, ie a house.

You can let the IVA fail and try a DMP. this will give you extra money each month but could be enduring, no end time limit.

You can go BR, this would free you from your debts and you can start again, you may have to pay into an IPA for three years but the amount you pay would be so much less than an IVA.

Some people find that they agree to an IVA out of desperation because they are desperate and under pressure only to find the budget is unrealistic and the relief of acceptance is temporary. At least you know you tried though. I do not know why the company did not explain all of the options to you but how are people to know what is good advice when the companies approached stand to gain from the option they say is best for you/us???

I hope that you can make the right decision for you, many people here have gone BR and I hope they will come forward and answer, good luck.

lily
lily
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 19, 2007 10:05 pm
Excellent advice from Lily - and a warning to everyone contemplating entering into an IVA at the moment. Beware anyone who tells you that is what you should do, and listen to all of the options which are explained to you. Also ask as many questions as you can, and if unsure seek a second or third opinion. And also keep talking to your creditors, who may also be able to give you advice.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

swardy73

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Post by swardy73 » Tue Jun 19, 2007 10:06 pm
Thanks a lot Lily.
I do not have any assets to protect, so i dont have the worry regarding going BR in that respect. I honestly thought the IVA seemed quite reasonable at first, but as it has gone up by about £70 in the 15 months, and each month, something new seems to pop up unexpectedly, i really am struggling.
I was advised today to set up a new bank account and pay my salary into this as at the moment my money is paid into an account linked to my IVA, so they take the payment as soon as my salary goes in. I was also told not to bother letting the IVA company know and just let the IVA fail within 3 months when they dont receive payment, but surely it would be best to be honest and go straight to them, and let them know i cant afford the payments.
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 19, 2007 10:09 pm
Not sure who is advising you to miss your payments without telling your IP, but I would not do that. Why not see if your IP will lower the payments to the original amounts as you are struggling - I would do that rather than be reporting a failure to yoru creditors.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk
Regards, Melanie Giles, Insolvency Practitioner
 
 

swardy73

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Post by swardy73 » Tue Jun 19, 2007 10:33 pm
Hi Melanie,

Thanks for advise. I will speak to my IP regarding reduced payments. If they refuse, and i feel the bankruptcy route is the only option, do i need to mention this to them or will they bring it up.
I made the decision to move back to my mum's at start of IVA to reduce rent costs but now realise this just released more money to go into the IVA. I need to get out and move back to near where i work, and try and rent again but there is no chance of that with current IVA payments. Thanks
 
 

lily

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Post by lily » Wed Jun 20, 2007 10:20 pm
Good luck for the future swardy, keep posting and let us know how you are getting on.

You could read skippy, coco and Scardkez blogg for what its really like to go BR.

lily
lily
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