What happens if a PIA fails? My thoughts on PIA v Bankruptcy

Stuboy

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This is something I weighed up when initially working with a PIP to see if I could enter a PIA of some form.
My situation was caused firstly by my business going under. I then got my old job back with previous employer but, after a year with them, they went out of business and I was unemployed for over a year. I went back to education and got a job out of it, but that company was struggling and let about 80% of the staff go. I then worked a (really) low paid job for about 4 months before finally getting something better paid, but only on a one year contract (which has since been renewed for a second year).
The PIP has told me that I don't have enough income to structure a PIA so I applied for Bankruptcy (which was my first preference anyway).
But here was my thinking on the whole PIA v bankruptcy issue and the failing of the new laws.

Let's say I could have entered a PIA and was paying 400 per month on that arrangement for 6 or 7 years (whatever the term is under one of the 3 arrangements).
My job, indeed most jobs these days, is not guaranteed. I'm not even permanent; only on a rolling 1 year contract. So anything could happen with my situation at the end of that year.

Lets say that I am paying fine for the first 2 years but am then let go and can no longer meet my agreed repayments? are there any safeguards in place in the legislation to protect the individual on those cases or are you put back to square one and have to apply for bankruptcy?

This means you have essentially added 2 years to a bankruptcy as you now have to go through that entire bankruptcy process (5 years controlled income under bankruptcy and the 2 years that you already did on the PIA).
In my opinion this makes the PIA options pointless, unless you are dead set in trying to stay in your home. I would much prefer the short, sharp shock of Bankruptcy as opposed to the uncertainty of a PIA.

What do others think?
 
This is something I weighed up when initially working with a PIP to see if I could enter a PIA of some form.
My situation was caused firstly by my business going under. I then got my old job back with previous employer but, after a year with them, they went out of business and I was unemployed for over a year. I went back to education and got a job out of it, but that company was struggling and let about 80% of the staff go. I then worked a (really) low paid job for about 4 months before finally getting something better paid, but only on a one year contract (which has since been renewed for a second year).
The PIP has told me that I don't have enough income to structure a PIA so I applied for Bankruptcy (which was my first preference anyway).
But here was my thinking on the whole PIA v bankruptcy issue and the failing of the new laws.

Let's say I could have entered a PIA and was paying 400 per month on that arrangement for 6 or 7 years (whatever the term is under one of the 3 arrangements).
My job, indeed most jobs these days, is not guaranteed. I'm not even permanent; only on a rolling 1 year contract. So anything could happen with my situation at the end of that year.

Lets say that I am paying fine for the first 2 years but am then let go and can no longer meet my agreed repayments? are there any safeguards in place in the legislation to protect the individual on those cases or are you put back to square one and have to apply for bankruptcy?

This means you have essentially added 2 years to a bankruptcy as you now have to go through that entire bankruptcy process (5 years controlled income under bankruptcy and the 2 years that you already did on the PIA).
In my opinion this makes the PIA options pointless, unless you are dead set in trying to stay in your home. I would much prefer the short, sharp shock of Bankruptcy as opposed to the uncertainty of a PIA.

What do others think?
Stuboy.
There are lots of good PIA/Bankruptcy advice on AAM.
Without breakdown of facts/figures etc it would be hard for those who have an obvious skill in bankruptcy/pia to respon.
From what you write I would comment as follows.

If you are caught in Negative Equity/ other debts ,no great way in seeing future good income , then go bankrupt.

If you are not caught in a huge unresolvable debt issue then PIA is the way to go.

If my comments are too glib/short I am sure the AAM posters will coreect me!
 
If your'e circumstances change during the period of a PIA you must inform the PIP who will may apply for a variation. The difficulty is that it's unclear what will happen if creditors refuse to accept the variation. My view is that if future income is uncertain then a PIA should not be your preferred option. You have posted no details of your financial circumstances so its not possible for posters to give you detailed advice. Complete the money makeover template and you are likely to get better advice.
 
'You have posted no details of your financial circumstances so its not possible for posters to give you detailed advice.'
Just to clarify, I wasn't seeking advice on my own case, merely pointing out how the PIA process is flawed. I myself will be bankrupt by the end of the month, and happy that I didn't have to go through a PIA and risk that process breaking down and then having to apply for bankruptcy 2, 3 or 4 years into that PIA process.
 
Hi Stuboy,

I think you have made a great point. My take on it is that if a PIA breaks down mid way then yes you have to start the ball rolling from the beginning with bankruptcy. I have only began tipping around with the idea of bankruptcy myself and it is starting to look a better option than the PIA route.
 
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