www.iva.co.uk

Hi, I am hoping someone can help me with this.

My creditors meeting was last Friday and was approved which I was pleased about. Friday was also the day I told my family about the IVA.
I had a joint mortgage with my sister (who did not live in the property)and we sold the property at the end of September. For a few months (May – Aug)I was unemployed which meant that my sister made 4 mortgage payments. She also paid the conveyancing fees and the other selling fees. She is now claiming that I owe her money for the payments she made (approx £7k) despite the fact that it was a joint mortgage, and that she should be included as a creditor in the IVA.
My father is now saying that he lent me money 8 years ago and that he should be a creditor in the IVA.
My questions are:
Does my sister have any legal rights to claim money off me for the mortgage payments she made either through my IVA or any other means? She did not live in the property but states that I owe her rent?
Can my father request to be added as a creditor in my IVA?

I really hope someone is able to help me on this.

Hi and welcome.

Did your father actually loan you any money? Do you remember this at all?

Family creditors should have been included in the IVA but I think you need to speak to your IP about this and possible seek legal advice.

Just because your sister has paid the full amount of joint mortgage payments, does not necessarily make her a creditor of yours, as the liability for the debt is joint and several.

With regard to your father's claim - do you accept that a debt is due, as if this has not been acknowledged in the last 8 years it may be statute barred.

Hi, thanks for the responses. Melanie, I have not paid any money to my father, nor have I acknowledged or discussed the debt since possibly the end of 2004. A few days ago was the first time he has mentioned it to me. Would this make it statute barred?

I am aware that the mortgage debt was joint and several so I would assume that my sister has no legal recourse for the debts. I acknowledge that I owe her but would liek to be certain that she cannot impact my IVA. Thanks

But do you accept that you owe your Dad the money Terry?