Northern Rock never declared that they had taken money from my ex. Can she ask for this back ?

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Daniel.77

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Post by Daniel.77 » Sat Oct 12, 2013 9:30 am
Hi, hope you are all well. I completed my IVA in 2012 and have recently received cc. One of the debts was joint with my ex wife who I recently got back in contact with after 7 years, it appears that Northern Rock claimed £14k of which £9 was paid as a dividend from me which is fine. However they also extracted £7k from my ex which was her half of the debt. Could you advise if she would be in a position to ask for this back? As it would appear that Northern Rock were paid by me from the IVA funds and never declared that they had taken £7k from my ex. Is this something my former IP can help with or a other?
Thanks for any advice have a great weekend.
 
 

MelanieGiles

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Post by MelanieGiles » Sat Oct 12, 2013 10:33 am
Hi Daniel and welcome to the forum

Are you saying that Northern Rock have actually been overpaid? If they have then they own you and your a refund - which ought to be split proportionally between you. This is something that your IP ought to have checked prior to closure, as any refund due to you will need to be distributed to the other creditors who were included in your IVA.
Regards, Melanie Giles, Insolvency Practitioner
 
 

djsmartie77

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Post by djsmartie77 » Sat Oct 12, 2013 11:57 am
Hi
It was a joint loan, total owed was 14k at some point NR received 7k from my ex. NR did not inform me or GT my ip of this transaction and were paid 9k by my iva.
So my question would be should she be paid back this money as it was in my iva. Or at least be given the difference.
Thanks
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ginger323232

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Post by ginger323232 » Sat Oct 12, 2013 12:05 pm
As it was a joint loan - both of you were liable for the full loan - minus the IVA payments. Only you would have been covered by your IVA - not you ex. They would remain responsible. wonder if the extra amount was interest added
Last edited by ginger323232 on Sat Oct 12, 2013 12:06 pm, edited 1 time in total.
 
 

MelanieGiles

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Post by MelanieGiles » Sat Oct 12, 2013 12:08 pm
You will need to check this out with Northern Rock, to see exactly what they did received and how they apportioned the money.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Pennyless

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Post by Pennyless » Sun Oct 13, 2013 7:34 am
Daniel I had a similar scenario.

My wife and I owed Barclays circa £5k on an overdraft, which I declared at the outset of my sole IVA. Barclays subsequently became MY creditor and recieved monthly payments form my IVA, however, they also chased my wife for the money and she subsequently settled the account with an albeit reduced amount, although agreed full payment.

I forwarded all the documentation to my IVA Company (including a payment in full agreement they issued my wife) and they eventually sought a refund of MY payments which were then returned to my IVA pot for distribution to other creditors.
Last edited by Pennyless on Sun Oct 13, 2013 7:37 am, edited 1 time in total.
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MelanieGiles

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Post by MelanieGiles » Sun Oct 13, 2013 5:52 pm
Glad we managed to deal with that properly for you Pennyless!
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Pennyless

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Post by Pennyless » Mon Oct 14, 2013 4:54 am
Yep Melanie....your team dealt with Barclays direct so I had very little input thankfully.
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