My sister stopped paying into IVA 3 years ago. Will she be liable now she has an inheritance ?

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Anne.74

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Post by Anne.74 » Sat Oct 22, 2016 7:57 pm
My sister and her husband was in an Iva and paid into it for 3 years. When the split up her husband stopped paying so she did. That was 3 years ago when the last payment was made. My sister constantly contacted company asking how much they owed and wanted to go bankrupt. Her husband offered £5000 to pay off remainder. Company would not respond. She is now inheriting about £150000 the original debt was £50000. The solicitor has notified the debt company. What will she be liable for to have to pay back
 
 

Foggy

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Post by Foggy » Sat Oct 22, 2016 8:50 pm
If the trust created by the IVA was not terminated she will be liable to pay her total original debt, plus fees and possible statutory interest. Did you inform the solicitor of the IVA ? If not, then she must still be on the Insolvency Register. If this is the case the trust probably hasn't been terminated.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

luluj

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Post by luluj » Sun Oct 23, 2016 9:51 am
She definitely needs to speak to her solicitor and the iva company. Has she retained the emails / letters she sent asking for clarity on what was owed to close or go bankrupt ? She may have a case for arguing their non response however ultimately she will be responsible for some of her outstanding debts.
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Michael Peoples

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Post by Michael Peoples » Sun Oct 23, 2016 7:59 pm
I agree that this is a matter for a solicitor. If the IVA company did not close the IVA down despite being told to do so and the arrangement being in default she may have grounds for complaint.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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Lisa Thomas

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Post by Lisa Thomas » Mon Oct 24, 2016 9:43 am
It depends on the status of the IVA. You can check here to see if it is still going:

http://www.insolvencydirect.bis.gov.uk/eiir/
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
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