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tobymoz

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Post by tobymoz » Sat Oct 22, 2011 11:26 am
Hi

When I took out my IVA 3 years ago both my husband and I signed an RX2 form which we sent back to our IVA company. They subsequently sent another one as there had been a problem with the company who dealt with these forms or something like that! Again we both signed it and I sent it back.

However they are now saying they didn't receive that one and want us to sign a third one! The problem is my husband is refusing to sign it.

He has been very supportive of me with my IVA and to be honest has gone way beyond what should be expected for which I am really grateful, but he is now saying that he won't sign another one and doesn't feel he should have to as it's my IVA and it should be for my half of the property and not his.

I am really concerned about this as I am worried that it will be seen as a breach of my IVA as it is in my agreement but not sure what I can do about it.

I had to choose my moment to get the last two signed and I know I've pushed my luck ths time! he has been great with everything else, budgets etc.

Has anyone else had this problem and if so what did you do?! Thanks.
 
 

ginger3232

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Post by ginger3232 » Sat Oct 22, 2011 11:55 am
tobymoz - how fustrating knowing you have already signed these - i would be very tempted to contact your IP direct and advise him/her of your fustration.

As you will be aware the RX2 - is just a restriction placed on the land register - making the IVA aware if you try and sell - fustrating as i as i have said - but dont get hung up on it!! - and its certainly not worth auguments about!!
 
 

luluj

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Post by luluj » Sat Oct 22, 2011 4:25 pm
I would contact your IP and explain the situation to them - I would also press for them to complete a thorough search for the original two forms already sent to them - they must be somewhere in their premises !

I don't suppose you kept a copy of the form when you sent it off the last time that could be sent that already has your husbands signature on it ?

I would ask your IP if they are insisting on a signed form for the third time whether your signature is sufficient, and if not, ask them to write to your husband explaining why and apologising for the last form that has been mislaid - it may help !
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oscar

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Post by oscar » Sun Oct 23, 2011 9:43 am
Hi tobymoz did you take copies of the previous forms? Have a hunt around as if you've got these they could be the answer you need just send copies back off to the IP. let us know how you get on.
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MelanieGiles

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Post by MelanieGiles » Sun Oct 23, 2011 7:16 pm
If the property is jointly owned then both signatures are required but the equity release provisions will only apply to your share of the equity, so what is your husband's problem? Whilst it must be frustrating to have to redo yet another form, your failure to execute this document could well lead to the failure of your IVA. Probably better to remind hubby of this, and to the fact that he already agreed to do it twice before.
Regards, Melanie Giles, Insolvency Practitioner
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