i am entering into an iva but not my husband

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kallis3

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Post by kallis3 » Fri Nov 07, 2008 10:14 pm
Hi and welcome from me too.

You will be allowed some money in an IVA, you are not expected to cut yourself off from society!

You will put in an income and expenditure form, and this needs to be realistic, then your payment can be decided. If you look at the CCCS website, they have a budget sheet on there with suggested amounts for allowances.

How much disposable income do you have left once your priority debts (not your unsecured credit) have been paid each month?
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MelanieGiles

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Post by MelanieGiles » Fri Nov 07, 2008 10:17 pm
If they have included your husband's income, but not his debt repayments, how do they expect him to help you pay your payments and cover his own debts?

Have you actually spoken to anyone at this firm - for instance an insolvency practitioner or a senior member of his/her team?
Regards, Melanie Giles, Insolvency Practitioner
 
 

sa62

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Post by sa62 » Fri Nov 07, 2008 10:22 pm
Hi, I don;t really understand it all, its a very grey area as most iva's seem to be couples or single people. I am ringing you tomorrow to ask you to represent me, i have read your profile and you have a very good reputation going by the forum
 
 

Skippy

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Post by Skippy » Fri Nov 07, 2008 10:23 pm
I would be very wary of agreeing to this proposal if they aren't allowing your husband the money to pay his debts. It would probably be worth you getting a second opinion, and I know Melanie is highly recommended by people on the forum.
 
 

sa62

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Post by sa62 » Fri Nov 07, 2008 10:23 pm
kallis3 wrote:

Hi and welcome from me too.

You will be allowed some money in an IVA, you are not expected to cut yourself off from society!

You will put in an income and expenditure form, and this needs to be realistic, then your payment can be decided. If you look at the CCCS website, they have a budget sheet on there with suggested amounts for allowances.

How much disposable income do you have left once your priority debts

(not your unsecured credit) have been paid each month?Nothing
 
 

MelanieGiles

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Post by MelanieGiles » Fri Nov 07, 2008 10:25 pm
I will be happy to discuss this with you - as it is vitally important at this stage to make sure that your husband is not being unfairly prejudiced in your IVA. He must be left with sufficient income to repay his debts under normal contractual terms, otherwise he will end up being insolvent himself!

Don't worry - and there is no harm in taking a second opinion.
Regards, Melanie Giles, Insolvency Practitioner
 
 

Julie

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Post by Julie » Fri Nov 07, 2008 11:44 pm
Please get advice from Melanie - my hubby in IVA...I'm not, however there is an allowance for my expenditure.

I cannot emphasise how important it is to get the right IP acting for you.

Good luck xx
 
 

sa62

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Post by sa62 » Sun Nov 09, 2008 3:46 pm
why an allowance for you, do they put bars on how much you can spend even though its not your debt?
 
 

MelanieGiles

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Post by MelanieGiles » Sun Nov 09, 2008 5:38 pm
They cannot control someone else's income, but if they see a non-insolvent partner left with spare money at the end of the month it is likely that they will ask for that to paid over as well on the basis that they assume he/she will have benefitted from the debts. This may or may not be acceptable depending upon circumstances.
Regards, Melanie Giles, Insolvency Practitioner
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