Do i file for bankrupcy? If so how? Please help!

Get expert opinion. This is the place for new questions to be posted.
8 posts Page 1 of 1
 
 

s.s.

User avatar
Posts: 6
Joined: Mon Jul 16, 2007 3:54 pm
Location:

Post by s.s. » Fri Aug 21, 2009 7:56 pm
I have recieved a letter stating i have defaulted on my IVA and that now my creditors are now free to chase me for their debts, which i have been asking for for some months as i could not afford to keep up with the payments. Thing is i'm not sure what my next move is. Does this mean i am now bankrupt? Do i file for bankrupcy? If so how? Please help!
 
 

banjoplayer

User avatar
Posts: 221
Joined: Sat Jul 11, 2009 10:46 am
Location: United Kingdom

Post by banjoplayer » Fri Aug 21, 2009 8:06 pm
Sorry to hear that you were not able to complete your IVA, you will have to file for bankruptcy (it is not automatic), how you do it ??? I am not sure but hopefully one of the moderators will be along and answer your question.

Best of luck for the future s.s.

Regards BP
Last edited by banjoplayer on Fri Aug 21, 2009 8:07 pm, edited 1 time in total.
Dance like no-ones watching
 
 

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Fri Aug 21, 2009 8:11 pm
Hi,

No, you are not bankrupt, it just means that you are back to square one with your creditors.

You can declare bankruptcy yourself, you will need the letter of non compliance from your IP to take to court with you.

You can find out all about BR from this site:

http://www.insolvency.gov.uk/

you can fill the forms in online and save them as you go along. The court fees will cost you £510.

Do you have any assets which will be at risk if you go bankrupt

You could always consider doing a Debt Management Plan which should have lower monthly payments than you have been paying.
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
 
 

Julie

User avatar
Posts: 9503
Joined: Thu Feb 14, 2008 10:56 pm
Location: United Kingdom

Post by Julie » Fri Aug 21, 2009 8:29 pm
In addition to Jan's excellent advice, check your chairmans report - sometimes they reserve money for bankruptcy.

You could see if a DMP is for you bu if you decide on BR, I would act sooner rather than later.

You will need to contact your local court and see if an appointment is necessary to go BR. Fill out the forms as Jan suggest, I would start now and do a little at a time. Post any questions on here and one of us will help.
 
 

s.s.

User avatar
Posts: 6
Joined: Mon Jul 16, 2007 3:54 pm
Location:

Post by s.s. » Wed Aug 26, 2009 6:48 pm
Thanx for the swift reply guys, you're a great help. Don't think a DMP is for me regardless of how much less it is, i simply don't have the money due to my new work circumstances, i just don't have any kind of money at all. In a previous reply from this site twas suggested that i go for bankrupcy + as i live with my girlfriend nothing can be touched as i have only been here for the last 3 years and she for the last 15, so i contacted my provider twice by letter and they never acknowledged them so now i find myself where i am now. Bemused, confused and a bit scared. There is something saying that there is £878 "balance at bank" on the the last page of the default notice, could this be for my bankrupcy payment?
Swans_girl wrote:

In addition to Jan's excellent advice, check your chairmans report - sometimes they reserve money for bankruptcy.

You could see if a DMP is for you bu if you decide on BR, I would act sooner rather than later.

You will need to contact your local court and see if an appointment is necessary to go BR. Fill out the forms as Jan suggest, I would start now and do a little at a time. Post any questions on here and one of us will help.

 
 

kallis3

User avatar
Forum Expert
Posts: 77176
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Wed Aug 26, 2009 7:39 pm
I'm not sure what your letter means, whether you have money in the bank or not. I'm guessing that this might be taken to offset against any debt you owe to the bank. You need to speak to them to find out.

As regards BR, then if you are just living at the address and not listed on the mortgage then the house shouldn't be touched.

Hopefully one of the experts will be along to give further advice.
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
 
 

1 step closer

User avatar
Posts: 230
Joined: Fri Dec 05, 2008 4:03 pm
Location: United Kingdom

Post by 1 step closer » Wed Aug 26, 2009 10:23 pm
I wanted to reply to this, not read and run. BR is a huge step to take (I know!) and if it helps many of us have written blogs as we went through it. It is certainly extra information that may help you, and this site has a sister site purely for bankruptcy.

What I suggest you do first is make a list of questions that you need answering first and then set aside a couple of hours to read the sister forum and blogs.

Each BR is different ( we are still trying to sort out beneficial interest) but the basics are the same.

Well done in taking the first step and posting here though!

1 step x
The more people I meet the more I love my dogs.........BR 3.3.09 yehaw! http://1stepcloser.blogs.iva.co.uk/
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Thu Aug 27, 2009 12:10 am
You are really just back in the position that you were before you entered into the IVA, so you could enter into a DMP with creditors or file for bankruptcy. I am suprised that your former IP is not giving you any support with the next stage.
Regards, Melanie Giles, Insolvency Practitioner
8 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”