www.iva.co.uk

I entered an IVA with my husband in 2007 but he left me at the end of 2007 and I divorced him last year but could not afford to further the financial settlement part of the divorce. He was paying off the IVA debt and I am left with all the bills. The IVA company have contacted me to say he refuses to pay the full amount now and they want me to pay half. My debt are 1/3 of his and I am paying the houehold bills & mortgage. Where do I stand legally and how can I get free legal advice, I cannot afford to pay a solicitor?

Hi,

You could go to the CAB for advice, that is free. You normally find as well that most solicitors will do an intial consultation for free.

You need to see if the IVA's can be split so that you are only paying for your debt and not his.

Contact your IP and talk to them about doing this.

You should also check your agreement as to how much each of you had to pay.

Was it on a 50/50 basis?

Also when you got divorced was the iva ageement put in with the seettlement of the divorce?

I.E..He pays the IVA and you pay the bills?

An expert will be along and help you further

It should be possible to split the IVAs and you can then pay what you can afford towards your debts and the joint creditors and he would have to take responsibility for his own IVA. Discuss this with your IP to see if this would be a viable option.

Check whether there are in fact two separate but interlocking IVA's but with one payment. Read what your proposal says - speak to your IP and see what can be done.

I have a creditors meeting tomorrow for a client in a similar circumstance to you, and the creditors have been happy to agree to a split of the cases. My client's husband is intending on declaring himself bankrupt - so yes it can be done. The level of the payment you will be required to make, might be dependent upon the dividend you originally offered, or more likely the amount of the DI which was specifially attributed to you personally.