grateful for advice as we find this very confusing

[janet.m]

Hi could anyone answer my query please. My husband has applied for an IVA. He is self employed and one of his creditors is the Inland Revenue. We were told in an interview not to include any debt that were in joint names as I was not involved in the IVA. He has had the IVA rejected and his main creditor, the Inland Revenue, is asking for futher information about my car lease,and my personal debt, even though I am not party to the IVA, also we are now being told that a loan that is in both names needs to be included and his "portion" of the loan will be paid via his contributions but surely we are both liable for the loan and they are within their rights to come to me for any sortfall.

We would be grateful for some advise as we find this very confusing.

Many thanks

Jan

[go_4_broke]

Hi Jan

I'm guessing that the creditors found out about your car lease because it was declared in the original proposal.

It seems a problem with IVA's that creditors can be as nosy as they like in evaluating a proposal and their enquiries don't have to be restricted to the debtor themselves. It's especially difficult to 'draw the line' in a marital situation for obvious reasons and I'm assuming they are eyeing up any potential for additional contributions.

Joint loans are particularly awkward and as you say I don't think there's anything to stop them pursuing you for it even if your husband is in the IVA. You need to put pressure on your IVA provider to sort all this out properly, unfortunately it doesn't from your comments above that they are especially on the ball.

-Best

'5 years sticking my head into the Lion's mouth of debt !'

[janet.m]

thank you so much for your reply. My husband has contacted his IP today to book an appointment for us both to see him and his assistant as we appear to have been given different information from each. We have a long list of questions so hopefully we can clarify some points.

Many thanks

Jan

[go_4_broke]

Best of luck with it Jan, I'm sure others will be along with additional comments and contributions in due course.

-Best

'5 years sticking my head into the Lion's mouth of debt !'

[MelanieGiles]

Hi Jan

Anyone who puts an IVA forward for one half of a married couple, without referring to the assets, liabilities, income and expenditure of the spouse is setting themselves up for a rejection - and therefore client disatisfaction. Glad you are both going to meet the IP personally, so he can explain to you why this was done and try and recitify things next time.

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

[janet.m]

Hi Melanie

We did complete an expenditure form including my earnings and expenditure, but my income was detailed incorrectly in the paperwork my husband must have missed this when he read things through (my poor man he doesn't know whether he is coming or going with all the worry)so it appeared that he was funding some of my debt. I have now faxed over P60 and payslips so hopefully this will rectify the issue in the next proposal.

I think we will both feel better when we have had the meeting and be able to talk through our worries.

Jan