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“...I was actually doing fine. Nice little mail-order business. Okay, I got a bit behind on the VAT payments, but I could have handled it. Only then my bloody house goes and burns down. Insurance takes forever to pay, and frankly I was so shook up by the thing, I lost it a bit workwise. Just couldn’t keep on top of things. Started missing payments....”

Mark Dudley

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"Thank you so much for all your help. It really has made a massive difference to our lives. We really appreciate everything you have done for us. Thank you."

Mrs Virginia Ince, Chorley

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many companies make you start paying the costs of an IVA even before the arrangement has been agreed.

If the IVA turns out to be unsuccessful, you’ll find it very hard to reclaim your money. Our licensed practitioners have close relationships with most creditors and know from experience what they will and will not accept   So we won’t waste your time putting forward a proposal that has no chance of success. But in any case, we will never charge you any fees upfront – our service is completely free.

Ian Slater IVAfreehelp debt help campaigner 2003

If you want clarification on any of these points, please telephone 0161 244 5649  and speak to one of our personal advisors.

18. Insolvency terms - what do they mean?

Annulment

Cancellation.

Assets

Anything that belongs to you that may be used to pay your debts.

Bankruptcy order

A court order making you bankrupt.

Bankruptcy restrictions order or undertaking

A procedure whereby you may have a court order made against you or give an undertaking which will mean that bankruptcy restrictions continue to apply for a period of between 2 to 15 years.

Bankruptcy petition

A request made (by you as the debtor or by a creditor) to the court for you to be made bankrupt and giving the reasons why.

Charging order

An order made by the court which gives the trustee a legal charge on your interest in your home. This continues even after you are discharged from bankruptcy.

Creditor

Someone to whom you owe money.

Debts

Money you owe.

Discharge

Freed from bankruptcy

Estate

Your assets or property which your trustee can deal with to pay your creditors.

Income payments agreement

You may enter into a written agreement with your trustee to pay him or her part of your wages, salary or other income for an agreed period.

Income payments order

The court may order you to pay part of your wages, salary or other income to the trustee if your income is more than you or your family need to live on.

Insolvency practitioner

An authorised person who specialises in insolvency, usually an accountant or solicitor. They are authorised either by the Secretary of State or by one of a number of recognised professional bodies.

Interest

A right to, or share in, a property.

Legal charge

A form of security (e.g. a mortgage) to ensure payment of a debt.

Petition

See “Bankruptcy petition”.

Preferential creditor

A creditor in bankruptcy proceedings who is entitled to receive certain payments in priority to other unsecured creditors. These creditors include occupational pension schemes and employees.

Proxy

Instead of attending a meeting, a person can appoint someone to go and vote in their place -a ‘prox

Public examination

The court may order that a bankrupt be questioned in open court about his or her affairs, dealings and property.

Trustee

The trustee in bankruptcy is either the Official Receiver or an insolvency practitioner who takes control of your assets. The trustee’s main duties are to sell these assets and share the money out among the creditors.

Unsecured creditor

A creditor who does not hold security (such as a mortgage) for money owed. Some unsecured creditors may also be preferential creditors.

 

"Your advice was excellent. How nice to find people so willing to spend the time necessary to get things right."  Mr. O'Brien, Manchester More Testimonials 

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