www.iva.co.uk

Hi all,

I need some advice and my local CAB are too busy and keep turning me away.

I would have been in an IVA for 5yrs now but just after the 4th year DFD decided to declare myself bankrupt. The IVA was joint with my wife BUT the house is in my name only. We are still awaiting any of the creditors to chase my wife 12mths later.

Back to me though, my court date is the 22nd Feb and I am wanting to know what will happen. I was thinking of fighting it as the whole reason I am in the mess is that DFD never read the letters I sent them. After a change in payments due to my wife going back to work after having a child and therefore less money coming into the house, they agreed to changes and also extended the IVA for 6mths to catch up on arrears due to not being able to pay enough. When I got the letter confirming the payments AND worked out what month numbers related to which month (even the 3 people in DFD couldn't work this out) I found out that the revised payments were on the wrong months. We had a car payment that was due to finish in July BUT DFD had this down as Sept. After around 5 calls and 3 letters all they kept doing was sending me out the income & expediture form. After around 5mths of trying to get them to listen we just stopped trying. We had paid a nominal amount for a few months which got their attention BUT still didn't help. We started paying the amounts they wanted in the months they wanted which we knew were wrong and then I lost my job in Oct 09. At this point they then failed the IVA as we weren't able to pay a penny. I now just want out and was thinking that bankruptcy may have been better for me from the start which is part of the reason for not wanting to fight it.

What I would like to know is what should we do next. I know the house will go. Theres around £35000 in equity (something else DFD wouldn't let me do was re-mortgage the house as paying a huge amount over the rental prices in the street) so should we put our names down with the council NOW or wait until after the court date. What do I do with the household goods. TV's an old CRT type and we basically only have the basic's (TV, video, DVD, Hi-fi, fridge/freezer, washer, dryer) but have a computer and 2 laptops. The laptops are both my wifes of which 1 we can prove as we have only had it since Oct (gift from her parents which we have the receipts for) the other is around 8 years old so doubt there's anything other than £50 to be made from it. When the OR turns up, they will only look at goods in the house correct?

Now for a bank account, I need to wait 3 days after being made bankrupt right? I read that somewhere but can't remember when.

Sorry it's long, thought it best to put the full story on.

Cheers

Hi and welcome to the forum.

I can't answer all of your questions, and I am hoping Declan from DFD will pick up on this tomorrow and possibly be able to look into things for you.

As regards your goods, unless you have anything really valuable, they will be ok. The OR will not come to your house. You will probably only have a telephone interview with him/her.

You can open a new bank account now. Make sure it is not with one of your creditors. The Co-op are very BR friendly.

Sorry to hear about this. It is tragic too that after 4 years with DFD that they are resorting to make you BR. I am sure this could be sorted out. The OR will take the fact that you have been in the IVA so long and maintained payments. Also BR is not as bad a stigma these days and it rarely goes in local papers. I hope it gets resolved please keep me up to date because I too are having issues with DFD.

Such a shame that this could not have been sorted out without resorting to bankruptcy proceedings. I wonder why your case could not have been varied?

Hopefully Declan will be able to look into this for you.

we can keep this bumped up so Declan may take a look for you x

Just so you know, I am now bankrupt and no contact from this Declan guy. I know he doesn't have to and that he may not have even read the post BUT if hew had and didn't even bother to even say, sorry it's too far gone now, that's just the typical level of service I have recieved from DFD. I'd never recommend them ever.

hay00c2, I'm sure he never read the post as he's a very responsive guy. I'm sorry this has happened and wish you well for your future x

Did you actually attend Court and point these points across to the Judge?

Hi this is such a shame that after 4 years DFD have taken these steps. Surely the OR would take in to account your last 4 years and surely DFD could have done something more to prevent this drastic action. This does not show DFD in a good light does it? I am sure there are reasons but it makes IVA companies seem like they donot care and in most cases this is not true. Melanie this sounds so sad.

Hi All
This is the first time I have read this posting and if I had read it earlier I would certainly have reacted quicker and for this I aplogise HayOOc2. It may be too late now but I would certainly like to look into this for you and at least comprehend exactly what has happened so that we can help in anyway possible going forward. I appreciate this is probably not something you want and I do understand your frustration with this and for that, again I apologise.

Thanks
Declan

Declan, if we as forum experts see a post that should be brought to your attention are you ok with us pointing you in the direction of the post?

Hi Lesley
That’s a good idea however I will try to be more vigilant in future.

Thanks

to the moderators..
We all appreciate that experts are very busy people, and so we do
contact the relevant expert if there is a specific outstanding enquiry , but sadly sometimes they slip by without us noticing them..[:(] It would be a great help if any moderator emails admin direct if they find that urgent help is needed [:)]

Many thanks

that is so very sad, 4yrs of paying them and then left to rot, thats the saddest thing ive read all day.
it makes my problem so small, but i fear that my company is treating me badly.