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Posted: Tue Nov 15, 2011 6:58 pm
by Fi
My father had an IVA, he died in this year. I sent a death certificate to the company who managed his IVA and they said that was all i had to do as he left no will or assets. I have been receiving outstanding balances from the companies who he owed money to, and so i contacted the company who dealt with his IVA again, they now say I need to contact each debtor and send a copy of the DC but I may be liable to pay all these debts in full - is this true? Am I liable for the outstanding balances or should they be written off, I was under the understanding that he took out the IVA to protect us.
Thanks
Fiona

Posted: Tue Nov 15, 2011 7:06 pm
by luluj
Welcome to the forum.

Your fathers IP should be able to offer you some support and advice as to how to take this forward....my understanding is if the person who dies does not have any assets, then the debts die with the person.
I believe the only time that they remain active is if they are financially linked to someone else in anyway !

Posted: Tue Nov 15, 2011 7:08 pm
by kallis3
Hi Fiona and welcome.

As far as I understand it, if there were no assets send nothing in his estate then the iva should now be finished. I'd certainly tell the creditors of your loss and that they shouldn't be bothering you now.

You are not responsible for your fathers debts.

Posted: Tue Nov 15, 2011 7:18 pm
by Foggy
Sorry for your loss. I am surprised at the attitude and the advice given by your father's IP.

Unless any of the debts were joint, once the estate has been dealt with, anything unpaid should be written off.

Might I ask which company your father was dealing with?

Posted: Tue Nov 15, 2011 7:22 pm
by James Falla
Hi Fiona

Foggy is quite right. If a person dies, then any debt that they have will be paid by their estate. If they have no assets then any outstanding debts are written off (in effect the debts die to). I am surprised that the company who managed the IVA on behalf of your Father have suggested that you may be liable for these debts. This is simply not the case.

Posted: Tue Nov 15, 2011 8:30 pm
by plasticdaft
Poor info from your fathers ip firm.

Paul

Posted: Tue Nov 15, 2011 9:08 pm
by Rosepetal
hi, so sorry to hear of the added stress on top of the loss of your Dad. you might find the CAB helpful if you need support contacting creditors.

Posted: Tue Nov 15, 2011 9:12 pm
by ginger3232
Its up to the IVA company -to start contacting the creditors - whilst the IVA is in force - failing that the excutors of the/any will.

Horrible situation - being handling with little sensitivity - without seaming to be spiteful - you should name the company on here - perhaps it will help solve the situation quicker

Posted: Tue Nov 15, 2011 11:20 pm
by Broke of London
I'm sorry to hear about your Dad. There's nothing more to say by way of advice, so I just hope you can get this sorted quickly and with minimum stress. x

Posted: Wed Nov 16, 2011 5:11 am
by oscar
Hi Fi
Please can I say how sorry I am about the loss of your dad. I believe that you should not be being bothered by these firms and the IP should be sorting this out for you. Which firm is it? I ask because they may have a representative on this forum who can help you. You really need time to grieve for your dad not this unecessary hassle right now. Hugs
Oscar
x

Posted: Wed Nov 16, 2011 7:59 am
by kallis3
Let us know how you get on Fiona, we're all thinking of you.

Posted: Wed Nov 16, 2011 12:05 pm
by Shining
Now you have the right advice above I hope everything is sorted for you a.s.a.p without any more fuss. All the best. x

Posted: Wed Nov 16, 2011 12:09 pm
by Adam Davies
Hi
Very poor advice from your IVA company, you are not liable for his debts at all.

Regards

Posted: Wed Nov 16, 2011 4:26 pm
by orange
sorry for your loss

how shocking that they gave you such advise at a already stressful time ! hope it all works out and that you get an appology from the IP

Posted: Thu Nov 24, 2011 6:20 am
by oscar
Hi Fi
just to say I'm thinking of you. Hugs
Oscar
x