we have been told to sign FORM RX1

[sharon.t]

good afternoon my husband and i are in an IVA for nearly a yr.We are quite happy except for the fact we have been told to sign FORM RX1. We do have privacy issues regarding this, do we have to sign as i have never come across this on IVA websites.thankyou

[MelanieGiles]

Hi sharont

I am suprised that you are being asked to sign this after being in an IVA for a year. This should have been done at the beginning,providing it was a stipulation of your creditors or the proposal itself.

Form RX1 as you probably know, just gives your Supervisor the right to know if you decide to sell your property. It is registered against your house at H M Land Registry. If your creditors stipulated that it be signed, or it is a term of your proposal, then you are bound to sign it. Check the proposal and Chairman's report for further clarification. If there is no provision, then you can refuse to sign the form.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[sharon.t]

Hi sharont

I am suprised that you are being asked to sign this after being in an IVA for a year. This should have been done at the beginning,providing it was a stipulation of your creditors or the proposal itself.

Form RX1 as you probably know, just gives your Supervisor the right to know if you decide to sell your property. It is registered against your house at H M Land Registry. If your creditors stipulated that it be signed, or it is a term of your proposal, then you are bound to sign it. Check the proposal and Chairman's report for further clarification. If there is no provision, then you can refuse to sign the form.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[sharon.t]

dear melanie thanks so much for your answer. It was a stipulation with the company. But we have put off signing the form - as we just agreed to everything at the initial meeting. We really have privacy issues with signing this form.They say if we dont sign we willbe in breach of contract. We are fully aware of this and they will fail the IVa. Our next step would be to be made bankrupt. We have a 14 yr old and own our own property could they take the house away.thanks

[MelanieGiles]

sharon

I basically do not feel that in signing the form that you cause yourself any difficulties. In terms of protecting your privacy, the DTI's Individual Insolvency Register is available on-line for anyone who cares to search it, and they are much more likely to do that than to do a Land Registry search.

However, where does it say specifially in the IVA proposal that you will undertake to sign the form? If this is not mentioned, then you don't need to sign it if you don't want to.

This form is just a formality, and if I were your IP I would think that you were being uncooperative if you refused to sign, when this was an express term of your proposal.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[sharon.t]

thanks for your swisft reply regards sharon