I would discuss this in more detail with your IP. If they have not already received legal advice I would ask them to justify this decision.
In any case, if you are now paying £60 per month towards this debt has your IP factored this into your IVA contributions? Surely they don't expect you to pay your full agreed contributions plus £60 per month for an omission that was their fault?
Yes they did included the £60 a month into our expenditure. We haven't actually paid the ex this money as she wont give us her bank details to do this or pay her the maintenance money she was awarded to cover the cost of the mortgage so my husband is still paying the mortgage company direct, a mortgage she has no intentions of removing him from. We just get texts saying details are on their way and then they never do, then texts saying the longer it takes the more interest i get . Its one big nightmare.
This is another reason why we think maybe bankruptcy will be a better idea as maybe they will look into reversing the order and giving back my husband is half of the equity in their house to pay off his debts like he wanted to do in the first place.
Now the ex is taking him to court for this £7000 (with interest) to get an attachment of earnings, if the IP had done their job properly in the first place we wouldn't be having this grief as it would be in with the IVA.
Last edited by Victoria.tv on Fri Dec 17, 2010 12:43 pm, edited 1 time in total.
If your husband's ex is proposing to take him to court for non payment of this £7000 but he can prove he has been making every effort to pay it, then it could well be that the court will throw out her case and simply tell her to give her bank details and stop wasting the court's time. It seems like he has a case to argue here.
Yes well thats what we are hoping, have sent a letter to court explaining the efforts we have made and also copy of a text conversation between us where she told us the details are on their way and how she will continue to hassle us for money.
Stop paying your IVA payments and save the money towards your bankruptcy petitions. Advise your IP of your intent, and ask them to provide you with Certificates of Termination on grounds that you will not be paying any more contributions. You will need to produce these documents at Court on the day of your hearings.
Do you know what the chances are of them being able to use what is now his ex wife's house to clear his debts, he stills pays the mortgage direct, has been the only one thats ever paid it. He was made to sign it over during the divorce when he wanted to sell it and only take enough of the profit to clear the debts and she had the rest.
Alot of the debt comes from that house from its extension and the contents that went in it (new kitchen, cooker, fridge) so whats the chances??
If he has an interest in the property then this will vest in the bankruptcy estate. But it does sound as if the house has been transferred tp her sole name?
What would you advice be.
1) Stick with the IVA and get the £7000 included and then appeal to the judge to try and lower payments to the ex and to get his name removed from the mortgage?
2)Go bankrupt and hope that helps towards all the things above?
That is something I really cannot advise on - because you have to make the right choice for your future. If there are no assets that would be at risk from bankruptcy proceedings, then this may represent a quicker option for your partner, however if he remains committed to wanting to repay his debts then perhaps including the debt into the IVA and working towards that is the right answer - but your payments will need to then increase to take account of the money that was set aside to pay his ex-wife.
We would be happy to put the £60 a month into the IVA instead of giving it to her after the way she has behaved, we are just worried because the way the divorced settlement was made the payments to her a variable with the mortgage, not a set amount. So if interest rates go up as predicted then our payments to her will go up too not leaving up enough money for either our bills or the IVA.
At this point in time i have no idea what to do for the best.
The courts are very unfair to men and i dont see how its lawful to make one persons standard of living higher after divorce and the other person into the position my husband is in, not right.
. Its one big nightmare.