Is it possible to propose a new IVA ? My original one failed.

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

MickyT

User avatar
Posts: 26
Joined: Sun Oct 10, 2010 9:01 am
Location: United Kingdom

Post by MickyT » Thu Jul 12, 2012 6:02 pm
Hi,
I entered into an IVA in December 2010 and had no problems for 6 months.
But then through a catalogue of unexpected bills and stupid decisions I ended up taking out and being unable to pay some payday loans.
On advice from CAB in Feburary this year I decided to fail the IVA to enable me to go Bankrupt(I have no assets).
Now that I have received my certificate of notice for my IVA failure I am having doubts as to what is the best way forward.
I know bankruptcy is still probably the best option but my IVA would never had failed without mistakes made by me and now months on I am in a much better place mentally and regretting my action.
My questions are Is it possible to propose a new IVA so close to my previous one failing?
and are the Creditors likely to vote against me seeing as my original IVA failed after just a year?

Many thanks for your time
 
 

Daniel Griffiths

User avatar
Posts: 217
Joined: Wed Apr 08, 2009 11:39 am
Location:

Post by Daniel Griffiths » Thu Jul 12, 2012 6:16 pm
Hi Mickey

Why not try and propose a second one, nothing is stopping you call a few firms and tell them about the last one, the reasons it failed and why you want to propose another
 
 

KAYKAY

User avatar
Posts: 1222
Joined: Wed Jun 15, 2011 8:33 pm
Location:

Post by KAYKAY » Thu Jul 12, 2012 6:21 pm
It is possible to propose a new IVA, however, I am not sure if there is a restriction on timescales. I do feel from your post that your next step is to talk to a few IVA companies (visit www.iva.com) and seek some free and impartial advice, so that you are absolutely sure whether an IVA or brankruptcy would be your best option. Do explore both options thoroughly before making your decision.
IVA Completed August 2011
 
 

Tina Shortland

User avatar
Posts: 2950
Joined: Tue Jan 05, 2010 11:30 am
Location:

Post by Tina Shortland » Thu Jul 12, 2012 6:33 pm
Hi MickyT, I would echo the others and say it is absolutely worth speaking with a couple of professionals to look at your options again, if only to reinforce that Br is the way forward. If it turns out you would prefer to take out another IVA to repay your creditors then there is nothing stopping you trying. It is a shame that your previous company could not have found a way of working with you to prevent this happening. Yes you may have made some bad decisions but you should have been able to approach your IP about it or find a way to alleviate whatever pressure you were under.

That aside it is time to look forwards so give a couple a call and see what you decide... and if you go for one again, use your IP and this forum properly for help and support!
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.

If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com

If you’re ready to ask us for specific advice or help, then get in touch at www.call-me.debtadvicetv.com so you can start to free yourself from the stress and anxiety of overwhelming debt.
 
 

MickyT

User avatar
Posts: 26
Joined: Sun Oct 10, 2010 9:01 am
Location: United Kingdom

Post by MickyT » Thu Jul 12, 2012 6:44 pm
Many thanks for your replies.
I have a day off tomorrow so will make some phonecalls and decide on the best way forward..
 
 

Tina Shortland

User avatar
Posts: 2950
Joined: Tue Jan 05, 2010 11:30 am
Location:

Post by Tina Shortland » Thu Jul 12, 2012 6:48 pm
Sounds like a good plan and if you do it in the morning you might be able to enjoy your afternoon off doing something else!
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.

If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com

If you’re ready to ask us for specific advice or help, then get in touch at www.call-me.debtadvicetv.com so you can start to free yourself from the stress and anxiety of overwhelming debt.
 
 

MickyT

User avatar
Posts: 26
Joined: Sun Oct 10, 2010 9:01 am
Location: United Kingdom

Post by MickyT » Thu Jul 12, 2012 6:55 pm
Good Idea Tina and then I can spend the afternoon sunbathing in the July sunshine ha!
 
 

Tina Shortland

User avatar
Posts: 2950
Joined: Tue Jan 05, 2010 11:30 am
Location:

Post by Tina Shortland » Thu Jul 12, 2012 6:57 pm
I like people with a positive outlook on life :-)
Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.

If you’re looking for effective debt related information, articles and news, then go now to our on-line advice service at www.debtadvicetv.com

If you’re ready to ask us for specific advice or help, then get in touch at www.call-me.debtadvicetv.com so you can start to free yourself from the stress and anxiety of overwhelming debt.
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Thu Jul 12, 2012 9:31 pm
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by MickyT

Good Idea Tina and then I can spend the afternoon sunbathing in the July sunshine ha!
Positive, Tina ? Optimistic !!! [:D]

Don't forget your snorkel Micky [8D]
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

MelanieGiles

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

Post by MelanieGiles » Fri Jul 13, 2012 1:16 am
I've represented IVAs for ones which have previously failed several times recently, and have had no problems in getting them accepted - but you would need to fully explain the reasons for the earlier failure and persuade creditors that whatever caused this will not occur again. If it feels right to re-propose, then good for you for wanting to still offer your creditors a better return than they would get under bankruptcy proceedings.
Regards, Melanie Giles, Insolvency Practitioner
10 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”