iva company won't issue a termination certificate

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openmind

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Post by openmind » Mon Jun 14, 2010 4:59 pm
I wonder if anyone can help?i've an uncle in a iva he is a tenant with no assets and his income has fell off a cliff. He stopped payng his iva months ago and wants to go bankrupt.Trouble is the iva company have totally withdrawn and won't issue a termination certificate which the court want to see. Does anybody know of a way to force then to do this please.It now seems that this forum is owned by iva companies, will i get a straight answer here?
 
 

kallis3

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Post by kallis3 » Mon Jun 14, 2010 5:05 pm
Who is your IP? They should not be refusing to issue a cerficate. How long ago did he stop paying? That might have a bearing on things.

You will get a straight answer on here - I have no idea who owns the site.
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.
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http://kallis3.blogs.iva.co.uk
 
 

MelanieGiles

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Post by MelanieGiles » Tue Jun 15, 2010 1:19 am
There should be no reason not to issue the Certificate if your uncle has made it clear he will not be paying any more IVA payments. He should try and speak to his IP directly on this matter.
Regards, Melanie Giles, Insolvency Practitioner
 
 

The Major

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Post by The Major » Tue Jun 15, 2010 12:07 pm
Your Uncle can petition for bankruptcy without the certificate, you just tell the court you are petitioning under rule 6.42 (2A) of the Insolvency Rules 1986. The court accepts the petition you pay the fees and the bankruptcy is listed in the hearings with the court writing to the supervisor giving them at least 14 days notice, of the hearing the court tell you the time and date when your petition will be heard, you return and the bankruptcy is completed. Its a pain going twice but the time spent there is almost the same as going once.
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