hidden debt

Get expert opinion. This is the place for new questions to be posted.
30 posts Page 1 of 2
 
 

ivahunter

User avatar
Posts: 28
Joined: Thu Apr 16, 2009 5:36 pm
Location: United Kingdom

Post by ivahunter » Thu Apr 16, 2009 8:31 pm
hidden debt
I hid dome information when submitting my IVA about my partners debt. my partner has a loan which he got for his brother and although it is in my partners name his brother gives the monthly payment, so i never have to pay for it out of my expenditure. is there any chance my ip will find out about it before my iva is started
 
 

Adam Davies

User avatar
Posts: 14596
Joined: Thu Mar 29, 2007 12:21 pm
Location:

Post by Adam Davies » Thu Apr 16, 2009 8:42 pm
Hi
Is your partner in an IVA also ?
Regards
Andam Davies
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Thu Apr 16, 2009 9:42 pm
Your partner should be paying their own loan repayemnts from their own disposable income and not yours! And please do not be dishonest with your IP, as the likelihood is that they will find out and then any trust you may have developed will be lost.
Regards, Melanie Giles, Insolvency Practitioner
 
 

james.c

User avatar
Posts: 733
Joined: Wed Jul 04, 2007 10:15 am
Location: United Kingdom

Post by james.c » Thu Apr 16, 2009 11:58 pm
the answer to your question is that your ip will not find out, but best policy is be truthfull, thats what an iva is about, admitiing your debts irrespective of the reason and basically your creditors giving you a way out
 
 

ivahunter

User avatar
Posts: 28
Joined: Thu Apr 16, 2009 5:36 pm
Location: United Kingdom

Post by ivahunter » Fri Apr 17, 2009 12:27 am
my partner is not in an iva. he does not want to be involved in my iva. the other factor is that he has been unemployed for a few months now, so he has no disposable income. but his family and brother are helping him pay his debt. he has a loan and two credit cards. the creditcard debt is minimal, about £300 between them. but his loan is nearly £10000 and it is in its second year.

the reason i'm worried about disclosing this information is due to the fact that his debt isn't going to be involved in my iva and plus he is unemployed at the moment so won't be contributing anything to my debt payments.

i'm so worried, i'm scared to death if i tell my ip, they might refuse to let me apply for IVA or may keep asking me questions on including money from my disposable income for my partners debt, when in reality i don't contribute anyway towards his.

i have every faith that i can do this iva and successfuly complete it.

please give help me[V]
 
 

David Mond

User avatar
Posts: 4896
Joined: Tue Sep 30, 2008 9:31 pm
Location: United Kingdom

Post by David Mond » Fri Apr 17, 2009 12:53 am
Am I missing something here?

Your partner is unemployed and has a loan in his name which the benefit was for his brother. The brother and the rest of his family help pay the commitments.

The fact that the partner is unemployed means that he cannot contribute anything towards the household expenses.

I am not sure that your partners obligations at this juncture has any bearing on your IVA.

However why not inform your proposed IP as I cannot see it having any current effect on your proposal.

However if and when your partner becomes employed you will need to advise your IP and a contribution from him to household expenses will be required - at that juncture there could be problems if his family stop funding the loan re-payments.

So on balance inform your IP.
Last edited by David Mond on Fri Apr 17, 2009 12:54 am, edited 1 time in total.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
 
 

ivahunter

User avatar
Posts: 28
Joined: Thu Apr 16, 2009 5:36 pm
Location: United Kingdom

Post by ivahunter » Fri Apr 17, 2009 10:26 am
will my creditors not ask that i pay towards his debt from my disposable income?
 
 

MelanieGiles

User avatar
Industry Expert
Posts: 47612
Joined: Tue Jan 09, 2007 10:42 am
Location:

Post by MelanieGiles » Fri Apr 17, 2009 11:19 am
Why????
Regards, Melanie Giles, Insolvency Practitioner
 
 

Lisa2009

User avatar
Posts: 5411
Joined: Thu Aug 16, 2007 12:17 pm
Location:

Post by Lisa2009 » Fri Apr 17, 2009 11:27 am
Why should you pay anything towards it if its not in your name? or is your name on it too?
http://mrsskint.blogs.iva.co.uk/ 'Our Story'


Nil carborundum illegitimi
 
 

ivahunter

User avatar
Posts: 28
Joined: Thu Apr 16, 2009 5:36 pm
Location: United Kingdom

Post by ivahunter » Fri Apr 17, 2009 1:00 pm
his debt is in his name only.

every expenditure i have given my ip is based on my income and benefits i recieve.

i don't want to be held accountable for his debt. i don't want to lie to my ip. my iva has not begun yet. my ip has yet to make my proposal.

i'm worried i will be asked to leave money from my income for payment for his debt especially now he is not working.

can i have a realistic view on this, will his debt affect me applying for an iva, at the moment my disposable income is £250, without contributing to his debt.
 
 

rayb

User avatar
Posts: 1288
Joined: Wed Dec 12, 2007 11:15 am
Location: United Kingdom

Post by rayb » Fri Apr 17, 2009 1:04 pm
Then you will no be affected. You are not liable for his debt.....full stop!!!
 
 

ivahunter

User avatar
Posts: 28
Joined: Thu Apr 16, 2009 5:36 pm
Location: United Kingdom

Post by ivahunter » Fri Apr 17, 2009 1:09 pm
will it matter that we are married?

will i be held partly reponsible especially as i am married to him?

i know i keep asking the same questions but really need to know?
 
 

kallis3

User avatar
Forum Expert
Posts: 77170
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Fri Apr 17, 2009 1:38 pm
It won't matter. His debt is his, you will not be held responsible for it and you won't be asked to pay anything towards it.

His debt will not affect you going for an IVA.

It is his debt, and should he fail to make any payments, the creditors will chase him and not you.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

ivahunter

User avatar
Posts: 28
Joined: Thu Apr 16, 2009 5:36 pm
Location: United Kingdom

Post by ivahunter » Fri Apr 17, 2009 2:55 pm
thanks guys. i'm going to inform my ip.
 
 

ivahunter

User avatar
Posts: 28
Joined: Thu Apr 16, 2009 5:36 pm
Location: United Kingdom

Post by ivahunter » Fri Apr 17, 2009 2:58 pm
before an iva is started do the IVA companies do a credit check on the person doing an iva and their spouse?
30 posts Page 1 of 2
Return to “Ask IVA Forum and Industry experts”