Hello first time question about my iva. Basically I have a joint Iva with my girlfriend which I entered in November 2014 due to and accident at work. My iva company Knightsbridge have informed me that I must now pay off the full and final for both my and My partners debts but she agreed that I did not have to pay her half of If didn't want to use my compensation for her sake, just down to the fact I may have difficulties returning to a skilled job and I would need the compensation to help me through my life. Anyway they have bluntly told me that I cannot split from her and I must pay all of the debt before they fail the iva I have payed every payment on time upto now and feel I may be been bullied into settling before I know all the facts is this something that can be done or are they right in saying I must pay off everything thanks in advance s j Webb
Tell them that you expect them to seek legal advice and that advice should be disclosed to you as it is paid for out of the iva pot.
That makes you joint data controller and it is your own information.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
IVA stands for 'individual' voluntary arrangement and there is no such thing as a joint one. You can pay your debts plus the joint creditors and be discharged and I fail to see how you could have any obligation to your partner's debts.
There is also the question of how the compensation should be treated and how it should have been addressed within the proposal. Money for pain and suffering or ongoing care may not even be captured by the IVA so I suggest you demand a face to face meeting with your IP. Make sure that everything is recorded and any decision your IP makes is in writing. This will allow you to take your own legal advice.
Last edited by Michael Peoples on Fri Jan 29, 2016 10:08 am, edited 1 time in total.
If I understand you correctly your IP is saying all of your compensation is due into the IVA and you can't gift half of it to your partner for payment of her own liabilities.
If that's the case you need to argue that the compensation is yours to do with what you like and is excluded from the IVA.
If you can convince them or this you may want to use the compensation to make a F&F settlement and bring your IVA to an end.
Last edited by Lisa Thomas on Fri Jan 29, 2016 4:31 pm, edited 1 time in total.
Lisa - what he is saying that he is being told that the compensation must be used to pay BOTH IVA's.
Effectively he is being made liable for his partners debts.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
Perhaps that relates to joint and several debts, which would sound correct on the face of it unless it was agreed that the joint liabilities would equally be split 50:50 regardless of the outcome of both IVAs...
Thanks for all your input the ip is very distant and I believe I've only spoken to him personally once. They seem to operate without a paper trail I have on numerous occasions and asked for letters to confir what we have spoken about. but never received anything
I did jump into the Iva quite blind as creditors were knocking on my door, in hindsight I should have looked into it more thorouly. I do believe that due to our ongoing low income and scarred credit rating, I will be unable to obtain a mortgage which scares me if the Iva is demanding to be payed in its entreaty. We have roughly equal debts which none are joint at all. I think a face to face meeting could be a good thing but I have no idea what to say to them.
It is your right to demand a face to face with your IP or a senior member of staff because as Watski says our clients pay our wages. I have flown to Luton, Newcastle, Liverpool and other places to meet clients as have our IPs.
You should possibly look at independent legal advice or ask for a copy of your IPs to see where your responsibilities lie.
OK -- as mentioned above, there is no such thing as a "joint" IVA -- what you have are two individual IVA's, which might have been made interlocking ( do you make one payment each month, or each make a separate payment). With no joint debts and, I assume, similar incomes, there is no reason for them to be interlocking in the first place other than ease of administration. There is also no reason to stop them being separated and you are not liable for each others payments.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
We had two individual ones with separate payment as we had our own debts plus joint ones
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
Yes we make one payment by standing order each month the problem I have is one adviser says one thing then another contradicts what the other has said the next week I have no paper work which I do ask for but never receive anything which drives me mad
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
