Credit cards which I omitted from IVA

Get expert opinion. This is the place for new questions to be posted.
36 posts Page 2 of 3
 
 

kallis3

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

Post by kallis3 » Wed Feb 16, 2011 7:13 pm
She shouldn't have the cards anyway - that is in breach of the IVA.
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
 
 

Nat12

User avatar
Posts: 16
Joined: Sun Jul 17, 2011 8:02 pm
Location:

Post by Nat12 » Wed Feb 16, 2011 7:32 pm
I have been living on a very tight budget and not proud of having to enter an IVA.

I have paid the minimum out of my allowance but they are now coming to an end.

I'm just worried that due to my ignorance I may have threatened the successful completion of the IVA.

Thank you for all your thoughts.
 
 

kallis3

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

Post by kallis3 » Wed Feb 16, 2011 7:39 pm
You have to speak to your IP asap, additional credit is not allowed without IP permission.
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
 
 

Nat12

User avatar
Posts: 16
Joined: Sun Jul 17, 2011 8:02 pm
Location:

Post by Nat12 » Wed Feb 16, 2011 8:05 pm
I have just checked the wording of my IVA and it states that I shouldn't take out more credit - which I haven't, it was in existence when the IVA was set up.

They clearly don't credit check you as I have been in mine for almost 4 years and they've never flagged up these credit cards.
 
 

kallis3

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

Post by kallis3 » Wed Feb 16, 2011 8:25 pm
I take it there wasn't a balance on these cards when you started the IVA?

You should have cut them up once you started.
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
 
 

Nat12

User avatar
Posts: 16
Joined: Sun Jul 17, 2011 8:02 pm
Location:

Post by Nat12 » Wed Feb 16, 2011 8:46 pm
Yes there was a balance on both of them. I haven't used them since and they were destroyed.
 
 

ginger3232

User avatar
Posts: 2610
Joined: Tue Jan 11, 2011 4:06 pm
Location: United Kingdom

Post by ginger3232 » Wed Feb 16, 2011 8:57 pm
So as unsecure debt they should have been included in the IVA.

Perhaps i am misreading this - but you been your IVA 4 years you have credit cards with monthly statements and paying this off over the term of the IVA, but now concerned about your IVA.
If the cards were not destroyed would you have used them ?
 
 

Nat12

User avatar
Posts: 16
Joined: Sun Jul 17, 2011 8:02 pm
Location:

Post by Nat12 » Wed Feb 16, 2011 9:03 pm
No, I wouldn't have used them. As I stated in my original post, I do feel foolish for not including them. It was an oversight on my behalf and then once the IVA had been agreed I didn't want to risk endangering it.

Obviously in hindsight I realise that I probably already have.
 
 

ginger3232

User avatar
Posts: 2610
Joined: Tue Jan 11, 2011 4:06 pm
Location: United Kingdom

Post by ginger3232 » Wed Feb 16, 2011 9:10 pm
Hopefully get rid of them ASAP - and get complete your IVA. This is obviously causing your concern,obviously not to sure what the right answer is, perhaps if i were in the situation, i would grovel /apologise to my IP. No one is judging you on this (this includes me)so you need to do what right for you.

What do other people think ?
 
 

Foggy

User avatar
Posts: 33395
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Wed Feb 16, 2011 9:11 pm
This far in it would be a hard IP who would fail the IVA now --- might have a few strong words, mind you :-) The other creditors would be more than miffed too.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Broke of London

User avatar
Posts: 7761
Joined: Sun Sep 05, 2010 6:04 pm
Location: United Kingdom

Post by Broke of London » Wed Feb 16, 2011 9:19 pm
Hi Rachel - you wouldn't be the first or the last to forget to include a debt in your proposal. The best thing would have been to inform your IP as soon as you realised rather then pay them off. At this point, you need to tell your IP and take their advice as to whether the remaining balance should be included in the iva for dividend purposes. It is understandable you were scared, particularly if the balances were big enough to breach your iva and send it back to creditors for a variation.
 
 

Goosed

User avatar
Posts: 953
Joined: Tue Jan 19, 2010 8:40 am
Location:

Post by Goosed » Wed Feb 16, 2011 11:28 pm
Hi Rachel,
can I ask why you omitted these card accounts/creditors from your IVA ?
"When the seagulls follow the trawler, it is because they think sardines will be thrown into the sea".

Eric Cantona
 
 

Lisa2009

User avatar
Posts: 5411
Joined: Thu Aug 16, 2007 12:17 pm
Location:

Post by Lisa2009 » Wed Feb 16, 2011 11:36 pm
I would speak with your IP ASAP as technically you have prefered some creditors over others by paying them the full balance while the others only get a proportion.
http://mrsskint.blogs.iva.co.uk/ 'Our Story'


Nil carborundum illegitimi
 
 

kallis3

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

Post by kallis3 » Thu Feb 17, 2011 8:11 am
I agree with Lisa - I'd speak to the IP now to get it all sorted out.
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
 
 

MelanieGiles

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

Post by MelanieGiles » Thu Feb 17, 2011 11:26 pm
If you owed money on these cards Rachel, why were they not included in the IVA, and was this with your IP's knowledge?
Regards, Melanie Giles, Insolvency Practitioner
36 posts Page 2 of 3
Return to “Ask IVA Forum and Industry experts”