Separation

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Seahorse

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Post by Seahorse » Mon Feb 04, 2008 11:12 am
My husband and I have been in a joint IVA for the last 18 months. We are on the verge of splitting up and I know that IVA's can be separated when this happens.

The problem is that the debts in my name (about £40,000) were all spent by him (three cars and a loan for his business) which can all be proved. Will I still be liable if I can prove that this money was for him and not spent by me?

Many thanks.
 
 

ianmillington

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Post by ianmillington » Mon Feb 04, 2008 11:20 am
Unfortunately if the debts are in your name then you remain responsible to the creditors for the money. If as you say you can prove that the money was spent on his things then technically you are a creditor of his.

I suspect that's not much use to you in itself but in the event that your IVAs are severed it may be relevant as strictly speaking you should be able to claim in his IVA.

Ian
Ian Millington
Insolvency Director
PDHL Ltd (formerly Personal Debt Helpline Ltd)
www.pdhl.co.uk
 
 

Seahorse

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Post by Seahorse » Mon Feb 04, 2008 11:23 am
Thanks for your reply. Thats interesting!! I believe that he will allow his IVA to lapse and go bankrupt anyway, he was never very responsible to say the least. I will talk to my IVA company and see what I can do.

Thanks again.[:)]
 
 

ianmillington

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Post by ianmillington » Mon Feb 04, 2008 11:27 am
Good luck. Yes, speak to the Supervisor about where you stand.

There is another ongoing thread about separation which you may care to read. If you are planning on keeping your IVA going then you will need to have it clear in your mind as to what you propose to do. That will depend upon your circumstances. Come back if you need anything further.

Ian
Ian Millington
Insolvency Director
PDHL Ltd (formerly Personal Debt Helpline Ltd)
www.pdhl.co.uk
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