Should i have been told.

[frank1976]

I was divorced, 6 years ago. I left the ex wife to sort this out and it turns out that a Consent Order for clean split was never competed.
She then entered a IVA as and i was not informed about it, by her or her iva praction. Legaly should i have been told? as we both own a property that she claims was included in it.

[Foggy]

It is not down to the IP who administered the IVA to inform you, being a private matter for your ex. However, regarding the house, she should have discussed this with you and you should have been asked to sign an RX1 which puts a charge on the house.

The only effect of this charge is to notify her IP should the house be put up for sale.

The house is not included in the IVA as such, only her obligation to attempt to release her share of equity near the end of her IVA. In practice, at present, this will be impossible in any case and the likelyhood is that she will have to pay an extra 12 months on the IVA instead.

[frank1976]

There is no charge Order on the house only a Interim Charge Order from another debt she had. She is paying that debt separately. I want to initiate a Consent Order for clean break, but she is telling me the IVA practitioner are saying she cant sign the house over, as its included in the IVA. Ive seen no documentation at all. Im really not sure what to do as they are not replying to my solicitor either:(

[Foggy]

No, she can't sign the house over as it is an asset of her arrangement and she has to attempt to release her share of equity or extend the IVA.

It is possible for her practitioner to approach the creditors to request that the house be released from the arrangement, probably on the express agreement that the IVA is extended in lieu.

Do you know who she is with ?

[frank1976]

Company called clear debt, i just don't get why they are not even trying to negotiate. They are just not responding to the solicitor, even though the ex wife has gave them permission to deal with us.
But surely even if only her portion of property ownership was included i should have been notified by them?

[Foggy]

Many firms are not strong communicators I am afraid !

You should have been asked to sign the RX1. But, of course, they are not to know what your signature looks like !

[lifenoteasy]

Surprised as clear debt is one of the better companies.

Have you written directly to her insolvency practitioner and not the company generally?

[Foggy]

Write to David Mond. He is the head honcho and very approachable as well as helpful.

[frank1976]

Has anyone got a email for this David as my solicitor has been trying to get information for 6 months now?

[Foggy]

He often reads the forum, so hopefully he will pick up on this.

[lifenoteasy]

If really desperate get your solicitor to shove linkedin him.

[Michael Peoples]

Mike Morgan [Size 5] worked for Clear Debt for years and I think he is only on secondment to The DebtCouncillors. His details are in the experts section and I am sure he will be able to help.

Clear Debt are one of the good guys and I am sure David Mond or Mike Morgan will be able to help.

[David Mond]

Dear frank1976,

I am sorry to learn of your concerns and I am keen to get to the bottom of this as soon as possible.

I would appreciate it if you could e-mail me directly (david.mond@cleardebt.co.uk) with the full address and postcode of the property in question – once I have received this information I will endeavour to revert back to you with an update within 48 hours after I have had the opportunity to review the case.

Thank you for bringing this matter to my attention.

Sincerely

David

[David Mond]

Frank1976 has been in touch and I have responded as follows:

"I am getting the files and having the matter looked into.

Might take a few days as this was an Invocas case.

Please bear with me.

Regards

David"

[Foggy]

Thank you, David, for jumping in here to assist. It is great when firms and IP's get involved on the forum for the benefit of the smooth running of arrangements, which benefits all those involved.