Preganancy & IVA

[natnat]

Hi Again

Thanks for all the advise.

I have been told that I cannot make myself bankrupt the IVA company needs to do this I think that they will then have to pay all charges ? also I have a car on HP can this be put into the Bankruptcy ? as I will not be able to afford the car either.

[MelanieGiles]

You can declare yourself bankrupty at any time by making an application to Court and paying a fee of £495. Who is telling you that you cannot do this?

If there is a shortfall to your HP company, then this debt will be included in the bankruptcy.

[natnat]

Hi I called the insolvency service and the customer service person on the phone said I would not be able to declare myself bankrupt as I was in an IVA and I would have to fail the IVA and then wait for them to declare me bankrupt ?

Regarding the car does that mean that Fiat will take the car back and then any money owed would go into the bankruptcy ?

Thanks again

[Skippy]

I made myself BR before my IVA had failed. I was told by my IP that I should do it myself as he wouldn't as the amount I'd paid wouldn't cover his fees and the BR costs.

BTW I can't believe they've put the cost of BR up yet again!

[MelanieGiles]

That is poor advice from the Insolvency Service and trust me there is nothing to stop you making an application at any time you like.

You are correct about the treatment of the car.

[natnat]

Thank you everyone.

I have called my IP today and I am waiting on a call back.

Once final question - Due to my circumstances and income being so low after I have had the baby, will the court make me pay anymore money back I have so far paid back into the IVA approx £5000.

[MelanieGiles]

If you go bankrupt, the Official Receiver will look at your circumstances to see if you can afford to make any payments. With a little one to look after, I doubt whether you will afford this, but it is down to the OR's discretion at the end of the day.

[natnat]

Hi Me again, I spoke to Blair Endersby yesterday who are my IVA people and they will not entertain me until I am 8-9 months preganant, I cannot leave it that long as I need to buy things and put money away for when I am not working, I am really confused and stressed please help ?

[MelanieGiles]

What do they mean that "they will not entertain you"! Who on earth do these people think they are? Please speak to Paul Johns of Reviva who can sort this out for you.

[natnat]

Hi There exact words were we cannot look t the IVA until we know what you will be earning once oyu go on maternity leave I said to her that is when I am nearly 9 months and she said we cannot discuss it now as it is too early!!! Sorry to be dumb who is Paul Johns and where would I find his details ?

[MelanieGiles]

Paul Johns is a bankruptcy expert and a regular poster on the forum. You can find his details on the experts page to the right of this screen.

[natnat]

Hello I wld just like to say thank you to everyone for there help and support I have a meeting next week with Paul Johns who will first off advise me and give me some time lines.

I have definitely decided to go BR as this is the best option for me I will speak to my IP once I have sorted everything out but I don't think they will listen anyway.

I have even started filling in forms.

Thanks to you all.