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Posted: Tue Jan 29, 2008 4:43 pm
by th19
hi, i had an iva with debt free direct. i went to live in portugal and continued my payments while i was away. when i came back i was unemployed for awhile i informed them of this by both phone an in writing. they stopped taking payments. when i refound employment i sent them in writing all my new details, they continued to not take payments after several more letters nothing changed. they have now cancelled my iva and i have received letter from debt collection agencies regarding the debts. under these circumstances would i be able to enter into another iva as i never wanted to leave my other one

Posted: Tue Jan 29, 2008 4:47 pm
by Adam Davies
Hi
There is nothing to stop you proposing a new IVa.
Speak with several companies and discuss your situation
Regards

Posted: Tue Jan 29, 2008 4:51 pm
by carlmcmullen
Hi,

Have you checked the Insolvency Register to make sure your IVA has been terminated as you may be able to recover it- See link below

http://www.insolvency.gov.uk/eiir/

If your names not on there than i would suggest it has been terminated.

Assuming it has and you are no longer in the IVA then you can approach another company for a IVA but you will need to declare to your IP that you have had a failed IVA already. (Not that it would be a problem but it does need declaring in a second proposal and reason for failure which is a perfectly good one from you have said)

Carl

Posted: Tue Jan 29, 2008 4:52 pm
by ianmillington
Firstly, I assume you've checked at the DTI web-site that the IVA is closed. Reason I ask is that it's a lot easier to rescue IVA 1 than to get IVA 2 agreed as following failure of an IVA a second one may have credibility issues. Also bear in mind that your creditor claims may have gone up dramatically.

Having said that, a 2nd IVA can work, so long as there are clear, unequivaocal, reasons for the failure of the first one and reasonable grounds for believing that the second one will work.

As I was typing my post I noted Andy's response. As he says, shop around, and decide who you are most comfy with.

Ian