www.iva.co.uk

my wife has the debts, is on longterm benefits ,in council rented property. I am in recipt of incapacity benefit, and we have two small children. is she automatically prevented from having an IVA? Also, if a debt management co' is being paid to operate a debt management plan and they make late payments to the creditors WHO is at fault or liable? I have serius concerns for her mental and physical health

Hey taffyw, welcome to the forum. Are you in a debt management plan already? if so the company are liable and you need to speak to them. You won't be able to propose an IVA whilst your only income is benefits, have you considered bankruptcy? Viki X

We were DMP before our IVA, and I frequently got letters to say that payments hadn't been received on time. When I spoke to the company, all they would say was that the cheques went out on whatever date.

They were always paid though.

hello viki.w Thanks for reply. Bankruptcy option is difficult, 1st all the debts my wife found hersel in were before we met or wed, how ever they were added to since and I was NEVER privy to their existence or the size. 2. she is concerned that the house would be emptied of items which were not hers (she says "let 'them' take my stuff it was my fault, but why should you lot suffer". Q. are my items safe? we have seperate and individualy bought items. She is frantic that we lose because of her errors.

Hey taffyw, first of all may I just say that I'm so glad that your wife has discussed this with you and you are supporting her. There are so many people who post on here afraid of what their partners will say. It's good that you have each other, that's more important than money.

You don't have to worry about your possessions unless you have some priceless antiques or a recently bought 50" plazma TV. However, if your car is worth more than £2500 or you couldn't prove you needed it, then it may be taken.

You really need expert advice on this so hang around.

There is a solution, so don't worry.

Can you post some more info regarding your DMP.

Viki X

I haven't got the answers you need but I wanted to say that if you stick around then you will get a lot of support and help from this forum. It has carried many of us through the most difficult times of our lives. If you are worried about your wife and her health then you must put this first before any debts that you (she) may have. Good luckXX

to Pals, thank so far. You must know by now that some debtors can become blinkered just at the time they need to open their eyes. Yes iam there for my wife but ther is only so much I can do which is made worse by not knowing all the facts, the older generations still,even now, have tendency to feel ashamed and fearfull, this is another massive problem i have to deal with. thing currently worsening because her debt management company seem's to be sending late payments which result in phonecalls from 'collection agents' suggesting that ther MUST be some there who CAN pay over the phone and that they might have to arrange for items to be sold in order to gain the funds they require i.e. "have you got a car you can sell? or some ornaments have you got a CREDIT card you can use" and more similar phrases. She is frightened about whatis going to happen, it is hard to see the one you love physicall & mentally fall apart and i have to lie to two children in order to protect them. Can any one advise further, wifes benefits are for problems which will keep her out of the job market peermently, basically she is medically retired.

These calls are just bully boy tactics designed into frightening you to make payments you can't afford over the phone. DON'T LET THEM INTIMIDATE YOU! If you have caller display you can see whose calling and basically ignore them.

As long as your payments are being made (and your company should send you regular statements to this effect - ours did), even if they are a little late, they are still being made.

Who is your company by the way?

Unless you have loads of valuables in your house your possessions and those of your wife are safe from the OR. It is quite scary - we have a plasma TV which my partner bought and paid for on his credit card. I was the only one going BR and before I did it I made him find out the receipt in case anyone tried to take it! The thing is no-one comes round to your house - you list any assets you have on the BR forms and that's it. This doesn't include essential household items.

Good luck with whatever you decide to do, and if you have any questions please post and we will try to help x

Hi Taffy

First of all try to stop worrying, i know that its difficult but please try, i am an ex Bankrupt so i know about all of the feelings that you and your wife are going through. It would be a great help if you could list all of your incomings and outgoings that you have and also any assets that you have. This will enable the experts to give you a better clue on what the right way forward is for you both. The Official Receiver certainly won’t turn up and take away your possessions, it doesn’t work like that. Please don’t worry, take it step by step and you will soon be sorted.

Hi Taffy

I would seriously consider Bankruptcy. Your wife's health is far more important and all this stress cant be helping.
Bankruptcy will draw a line under the whole thing.

Hi Taffy ... just wanted to say that there really are more important things in life that money (and I see that in my day to day work at the crematorium [:(]) ... as the other posters have said, bankruptcy may be the best and easiest option for you to relieve the stress and to give your family a fresh start ... and there really is nothing to be ashamed of.

Keep in touch with the Forum and let us know how you are getting on.

All the best

Debbie

Hi Kallis3
The company is Hamilton Locke.
For other forum members, I have found that the " bully boy tactics " mentioned earlier can be dealt with by using a little known piece of law, it is called ' The Administration of Justice Act, section 40. please bear in mind though that the debtor is still liable to pay and that the 'collectors' are still entitled to collect. The Act prevents strongarm tactics, I hope this is of help.

good luck taff, and remember there are lots of good people here

Hi Taffy

Debt is very stressful, a DMP can sometimes take the burden off, but creditors can still call. The call centre staff that phone work on a commision basis and just want to try to get as much money as possible to meet their target. There is actually nothing they can do if your payments are being made and most of the time the left hand doesnt know what the right is doing anyhow. Its quite convenient to them to claim a 'late' payment. I would advise that you sit down and work out how much you owe and if this DMP is worth the hassle. For instance, how many years will it go on for? If it seems like forever, BR might be the best option. I know its a scary word but noone is going to come into your house and take stuff, unless of course you have got antiques worth thousands or top of the range electrical equipment. The debts are wiped out and you can have a fresh start. An IVA isnt possible if income solely consists of benefits.

Good luck and let us know how youre getting on.