Relationship Breakdown and IVA Faliure

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Justwanttopaywhatiowe

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Post by Justwanttopaywhatiowe » Thu Sep 04, 2008 2:49 pm
Hello all...

This is my first post although I have taken much good advice and comfort from many people on here so thank you for that.

I'll take some time to breakdown my situation as I hoep this will help. Please bear with me.

I am 19 months into an IVA for debts of £31K. I pay £620 pcm into the IVA (slightly higher than the £590 agreed at the start) this is due to a salary increase and I missed a payment one month (agreed by IP) due to a house move.

I live with my 2 x children. 1 x 5 and 1 x 19 months old (the older boy is not mine) and my partner who is a stay at home mum and is not involved in any way in the IVA.

I earn £44k per annum and have to use this to support all of the family I am up to date with all payments and whilst it has been hard and even more so with the current rising costs I am up to date and determined that I want to clear my debts.

I have no assets save a car worth around 3k at a push and houshold items such as clothes, laptop and a bike and we rent. I do not own my own house and do not work in any profession where I would be affected by a Bankruptcy.

The problem is the breakdown of my relationship. After the birth of my daughter my partner suffered from huge post natal depression so much so that we became homeless from the social housing property that my partner had the tenancy for and we oppupied as a family.

The loss of the house was not down to any financial issues but solely her mental state of health. She was suicidal and in a very dark place at the same time that we were in temporary accomadation for the first 9 months of my baby girls life. This only really served to make her worse.

To cut a long story short we eventually moved in December of last year into a council property and had home again. The problem is though that our relationship has suffered irrepairably and we have been fighting to stay together for the last 8 months but things have got to breaking point where the children are beginning to suffer emotionally due to the quite obvious lack of love between us both.

The issues with the IVA though is this. My current repayment schedule only accounts for £400 rent per month which is based on the social housing that we were in when I took out the IVA 18 months ago.

If I leave I will not be able to rent a property on the private market for £400 that will allow me the access and space to see my children which will devestate me. I looked at moving out to rent a room in a house but I would have been unable to provide any sort of place ot see my kids which above anything else is vital to me. A 2 bedroom property in the area I live and work is £750 minimum per month.

The other issue is the Child Maintenance that i will obviously have to pay and that has not been factored into my budget on my current salary it would amount to around £400 pcm based on current 15% take home salary.

Overall my outgoings with CSA and Rent payment increase would be +£700pcm.

I feel there will be savings to be made on things like shopping bills as it would be me for most of the week and not 4 people in the family etc so I can make some savings. I do feel though that unfortunately being a weekend dad as such expenses will still be incurred and it is inevitable that for new clothes, days out, additional fuel and travel expenses to see them etc etc I will be called upon to contribute.


I guess my question then is that is there any negotiation to be had regarding my payments being lowered on my IVA to accounte for this. I would think that my payment would be close to £300 psm from the £620 it is now?

My worry is that our split will lead to Bankruptcy and with this come a situation where I will not have enough money to be able to see my family and see my friends and begin to build relationships with some spare money to go out etc.

I also have nothing to my name. No Bed, No bed for the kids to stay in, No TV, Sofa, Fridge, Freezer, Pots amd Pans, Knives and forks etc etc etc. All of my wordly good will have to stay in our house for kids and my family.

How will this work under bankruptcy? Will I be able to have money to buy myself these essentials? Not anything flash just things but things that I and my kids need.

Also how do I raise money for a deposit on private rental?

Will I be able to rent under private rental when bankrupt........... Should I rent prior to this happening and hope for the best?

Having written all of this down it is now all coming out.

At the heart of it all is I am so scared that on top of losing my beautiful baby girl I will be unable to offer her what she needs which is a happy dad who has enough funds to at least rebuild his life and see friends and a clean safe house and place for her to call a home with her dad. Is it too much to ask. I work hard and earn good money and all I want to do is to pay back what I owe even if that takes me 15 years at £150 a month.

Sorry for the rant. I hope there maybe someone who has gone throuh similar and lived to tell the tale.

Yours

Justwanttopaybackwhatiowe
 
 

aguise

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Post by aguise » Thu Sep 04, 2008 2:59 pm
Hi there and welcome to the forum.
I am so sorry to hear of your situation. I am not qualified to answer and will not attempt to do so, hopefully Melanie or Ian will answer.
I really hope you can find a solution for you and your family to continue a good relationship albeit apart. There will i am sure be a solution. Please post as much as you want even if for a bit of moral support or a rant if you need one, we all have one of those occasionally.
All the best

Ang x
Last edited by aguise on Thu Sep 04, 2008 3:00 pm, edited 1 time in total.
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Skippy

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Post by Skippy » Thu Sep 04, 2008 3:07 pm
Hi and welcome to the forum. Like Ang I'm not qualified to answer your questions about your IVA, but I wanted to say that in BR you don't have to pay all of your disposable income, only 50%-70%.

Good luck with getting everything sorted, I hope it all works out for you.

Just one other thing - you being there will be enough for your little girl. My dad was disabled and couldn't work, but the fact that he was there and he loved me was enough for me x
 
 

kallis3

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Post by kallis3 » Thu Sep 04, 2008 4:06 pm
Welcome from me too. I am sorry about your breakup.

Again, I cannot help with your IVA questions, just wanted to say hi, and tell you that we are all here for you.
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.
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Viki.W

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Post by Viki.W » Thu Sep 04, 2008 4:10 pm
Welcome to the forum, I'm so sorry about the breakup. It does sound like you are a great Dad and have got your priorities right so I really hope it all works out for you. Hang in there and a technical expert will be able to offer some advice. Keep posting, we're all here for you. X
If you would like to talk to me about your debt problems, please visit:
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Justwanttopaywhatiowe

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Post by Justwanttopaywhatiowe » Thu Sep 04, 2008 4:20 pm
Thanks to everyone who has replied!

Its good to have people who know what you're going through. Thank you all for taking the time to reply.

Its funny as I don't really know what advice anyone can give!! I guess I kinda know the options and that whatever will be will be in the end.

i do feel though that everyone from a bankruptcy point of view is kind of against me and in many ways reading a few posts in the last few hours has shown me that the overriding feeling is that people are there to help you? Is that how most people feel?

I feel like a criminal and being punished for both my mistakes and things out of my control having gone wrong? Is bankruptcy so bad that people feel they would rather pay for years than do it?

N
 
 

kallis3

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Post by kallis3 » Thu Sep 04, 2008 4:42 pm
Bankruptcy is not that bad these days.

A lot of us on here chose IVA either because of our jobs, or because we own houses and don't want to lose them, not because of any stigma.

Have you looked at the sister site to this?

http://www.bankruptcyhelp.org.uk/

Might be worth a visit.
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
 
 

debtmountain

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Post by debtmountain » Thu Sep 04, 2008 5:33 pm
Hiya,[:)]

Just wanted to welcome you, too. Not able to offer any advice I'm afraid as still going through the process of an IVA at present but hopefully an Expert will be along soon.

Sorry to hear of your Break-up but hang in there, you will get a lot of help and support on this site and there will be a solution to your problems.
IVA accepted 13/11/2008..17 payments down,55 to go..
 
 

Skippy

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Post by Skippy » Thu Sep 04, 2008 5:37 pm
I originally went into an IVA but it failed as I couldn't afford the payments. I went BR, and in my situation it was the best thing I could have done. It let me have a fresh start and get on with my life. I've only had a couple of negative comments, most people who know have been supportive.
 
 

johnh

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Post by johnh » Thu Sep 04, 2008 7:24 pm
Hi, Justowe and welcome from me as well.(hope you don't mind the abbreviation but you handle is too, too long for a rubbish typist like me).
Yours is a really moving post and you deserve an outcome which I'm sure you'll find.
YOu really need expert advice but the first thing I noticed was that, despite your high income, your IVA payments seem really high - if it is for 5 years that comes to more than 100% of your debt.
I presume from the ages of your children that you are a young guy. Given that and a good job there must be a way through.

Keep your chin up and keep posting

Good luck
 
 

tori

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Post by tori » Thu Sep 04, 2008 9:34 pm
Hi there,and welcome from me also.so sorry to hear that you are going through a rough time at the moment and hope that you manage to find a way forward very soon.you will get lots of help and support here so keep posting.take care[:)]x
please visit my blog http://tori.blogs.iva.co.uk/ a second chance..
 
 

MelanieGiles

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Post by MelanieGiles » Thu Sep 04, 2008 11:28 pm
Hi there and welcome to the forum

The thing to remember about an IVA is that it is there to help you pay your debts and not to run your life. Your circumstances have changed, and that is a metter of fact, and so have your priorities. The best thing to do would be to discuss your changed circumstances with your IP. They have detailed knowledge of your case and will be able to advise you sympathetically as to the options for your future.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Soulgrowth

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Post by Soulgrowth » Fri Sep 05, 2008 10:50 pm
Justowe ... what a lovely caring Dad you are and you deserve a fresh start for the future for both you and your family. As Melanie says, life changes and we need to adapt in the best possible way to those changes that are right for us at the time.

Take care ... and all the best

Debbie
Debbie
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