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Posted: Mon Oct 27, 2008 8:03 pm
by jimmyda
if i apply for an iva can the list of creditors include a family member....eg can my family member be included..one gave me £18,000...or will a credit card company take preference even if the amount owed to the credit card company is smaller
Posted: Mon Oct 27, 2008 8:15 pm
by kallis3
I'm not 100% sure, but I think you can. They are unsecured creditors the same as the credit card companies and would be paid the same dividend.
Posted: Mon Oct 27, 2008 8:38 pm
by MelanieGiles
Debts to family members should be included, but your other creditors may wish them to forego their right to receiving a dividend, in order to give more back to the banks.
I suggest that you seek advice from an IP on this point before proceeding further, and you will need to be able to prove the family member's debt properly.
Posted: Mon Oct 27, 2008 8:49 pm
by kallis3
Apologies for that Melanie.
If you can include their debt, but they might not get a dividend, do they actually get any money back at all?
Posted: Mon Oct 27, 2008 8:53 pm
by Adam Davies
Hi
Not from the IVA.They normally stand aside but once the IVA is paid the debtor can then start repaying the family member.
Regards
Posted: Mon Oct 27, 2008 8:54 pm
by whatevertodo
I know that the £500 I owed my Mum wasn't included in my IVA, It was mentioned in the proposal that the amount would be wavered or held until after the IVA. I guess its hard to prove the £18,000, as no agreement was ever signed.
Posted: Mon Oct 27, 2008 8:56 pm
by MelanieGiles
Could the person who lent you the money provide bank statements showing the payments made to you, and would you have corresponding bank statements showing the receipts? This would be a good start to providing the evidence required.
Posted: Mon Oct 27, 2008 8:57 pm
by kallis3
Thanks Andy.