Hi I am filling in my BR application and it asks have you previously entered or tried to enter an IVA.
We did apply for an IVA but wrote to the company to cancel the process 3 weeks before the creditors meeting was due. We were told this meeting would still have to take place and a vote would be taken. The IVA was accepted by creditors but they were informed I was going to go BR.
So we did not enter into the IVA and made no payments.
Do I have to tick yes or no to the question on the BR application
I presume that as you tried to enter one that you should tick yes, but one of the professionals or one of the BR people who post on here will be along to confirm or otherwise.
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
Hi I agree with Jan I would put yes, then in the section that details reasons for bankruptcy detail that you were going to do an IVA, but decided against it, and to the best of your knowledge the creditors where informed at meeting.
Also make sure you get a letter from your IP to detail that this occured or it will slow your BR petition down.
He's asked this question on the BR forum and been advised that he is not, not ever has been in an IVA, so presumably he would put no.
I still think that he has tried to enter one though as he went through the motions and had been accepted, even though he never accepted.
I suppose it depends how you interpret the form.
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
My thoughts exactly Julie. If it has got as far as a creditor meeting, then you have tried to enter an IVA.
The BR site has advised him to tell the OR about it, but not to put it on the forms.
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
I would hate to go against the advice of experts and I'm presuming those on the BR site are experts Jan, but surley you should answer all questions as honestly as possible. Remembering that the judge makes the decision before then it goes to the OR.
To answer no and then "drop it" on the OR seems not exactly truthful to me..just my opinion.
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
Why on earth did that go ahead when you had advised the IP that you had changed your minds and were going bankrupt!!! The application should have been withdrawn, and the meeting cancelled. You have not entered into an IVA, as you did not agree to on the day of the meeting.
You should make this clear to the examiner when you have your post-bankruptcy meeting.
Do you think then Melanie, that he should answer 'no' to that question?
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
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
Morning everyone, so you all think its best for me to tick yes on the application but to put in the notes that we changed our mind and informed the IP before the creditors meeting. We informed the company dealing with the IVA about 3 weeks before the creditors meeting was due to take place but they said it still had to go ahead.
