I unfortunately had to take out an IVA 3 years ago.At the time,my partner and I had no joint debts apart from the mortgage.My partner had a loan and a credit card in his name and was managing to pay them without any problems and they both would have been paid off by now.When I applied for my IVA,the insolvency practitioner said that I couldn't have one unless my partner took one out.I have been looking into this and it appears that he should not have been made to take out an IVA just because I had the unmanageable debts.Is this correct?as I feel we were mis-informed as he is not liable for my own debts.
Even if you had joint debts there is no need for a solvent partner to be forced into an IVA just because you are entering one. Of course, in that case, he would have become responsible for the joint debts, even though they were in your IVA as well.
If this is, indeed, what you were told then I would have thought you had grounds for a complaint.
Who are you with ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Hello,thank you for your reply.We are with Cleardebt.I am annoyed about this as it seems like mis-selling and they should not have told him he had to take out an iva.It only made him better off by £100 a month but as I said,his debts(including interest etc)would have been paid by now.
The lady also said that he had to have one as he had more disposable income. We don't have any joint accounts or debts, and our mortgage has always been paid and on time. We half all bills and always have done. I just don't see how they are making out that he is responsible for my debt, when he was solvent and not struggling with his debt.
I have recently been made medically retired from work (after 18 years service)and will be receiving a pension because of this(before official retirement age). I informed the IP that I was unable to work at the time whilst my appeal for retirement was pending, and she said that all they could offer me was a 6 month break on my payments,after the 6 months I was allowed to pay half payments even though all I had were benefits coming in.I paid these on time as asked and they sent me a letter yesterday saying that I owed them for the other half! I told them that my pension case was only just passed less than 4 weeks ago, so how could I be in arrears when I had paid what they had asked for and I still couldn't have paid the full payments. I then realised that I had taken out a payment protection with them and that I had never been offered this in the first place when I informed them when I had been dismissed, just a payment break.They said that I didn't qualify, so I contacted the insurance provider and after much to-ing and fro-ing,Cleardebt are sending out an unemployment claim form.She also said that they may not back-date the payments(which would have been the full payments for a year)as it has been too long-I told her in no uncertain terms that I was not given this option when I informed them of my dismissal so that was not my fault.I feel that I, and my partner have been taken for a ride all along, when all I wanted to do was to sort out MY debt in the best way possible. This has turned into a nightmare situation.
I thought about doing that to be honest,but being the cynical person that I am,would he not defend his IP?Telephone records would confirm what she said to me regarding this(again,being cynical-these could have been erased),even though my partner's financial records from the time can prove he wasn't struggling.If no joy with this,is there a regulatory body that I could complain/appeal to?
Thank you for taking the time to reply to me Foggy
Sorry to hear your issues barleybear and I am sure you will get them sorted. Firstly I am with cleardebt and they have always been fantastic and very understanding in my experience.
I took out my IVA in 2009, I am married and there was no mention or need for my partner to take out an IVA. She was and remains solvent. So cannot really understand why you were told that.
Secondly, like yourself cleardebt clients always used to (not sure if they still do) get PPI to cover their payments in the event of unforeseen events. I have just checked my breakdown of costs from the chairmans report and I have paid over £2000 in PPI payment to cleardebt. Therefore it is pretty poor from them not to know and envoke their own policies when the need arise.
Strangely when CD prompted a PPI investigation of my accounts, I clearly told them the only PPI I had was with them and I had paid in over £2000. They shrugged this claim off and said it was just with the banks and this cannot be reclaimed. Seems different rules apply.
David, I feel, will not protect any wrong doing and will want the matter sorted out. If someone in his organisation is at fault it is as much in his interests to get them put straight as it is in yours.
To complain to the regulatory body you need to go through the firms own formal complaint process first.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Yes, I have found David extremely fair and professional in the direct dealing I had with him at the outset. I would email him directly and await his response before anything else
Thank you Mole and Foggy...I really appreciate your replies.
I am booked in to see CAB tomorrow for some advice anyway,but I will contact David Mond and put everything to him.Hopefully I will get some answers.It was embarrassing enough to have got my self into a bad debt situation,but the guilt I feel about my partner being involved,is awful....don't get me wrong,he has been so supportive-otherwise he wouldn't have helped me in the first place-even though mis-informed[:(]
