none of the debt were my wifes

[taz.17]

I entered an IVA 4 years ago but did not include my wife in the agreement because none of the debt were hers but included her wages in my expenditures and have continued to make payments for 4 years. i am paying 550 pounds at the moment. However they are now asking demanding 815 pounds but because its my last year of the IVA and do not want to fail. My wife has brought a new fridge frezer and washing machine on a catalog. we sent the bill to the IVA as expenditures but they would not include them because the IVA does not account for her. However they still include her wages in the mix.

[MelanieGiles]

Hi taz 17 and welcome to the forum

I think that you ought to remind them that your wife's contribution is voluntary and that the replacement of these items was essential.

Are you saying that they want you to increase your payments by £815 per month?

[taz.17]

Yes they are asking me to increase payments to 815 pounds per month.

Taz.17

[debbiw]

Taz.17, thats stupid. That means that your wife is now suffering because of your debt. I thought the whole point of an IVA was because it was Individual ! I would point out to your IP that your wife has nothing to do with it, other than offering a share to your contribution, they surely can't up her share !

[MelanieGiles]

Your wife's increase in her salary is not affected by your review, and creditors cannot expect to benefit from her improved circumstances. Dig in on this one and do not accept the decision, unless there is something in the IVA proposal which confirms that her increases are taken into account, which is unlikely.

[debbiw]

Hi Melanie, Just because I am curious, what would you do if they wouldn't back down.

[Oliver]

Agree totally with Melanie on this one. Try to talk to your IP directly and explain your concerns. If this doesn't result in a positive outcome you can then ask for the details of your IPs regulatory body and make a complaint to them.

[no money eva]

I will have a similar situation as I am never likely to get a payrise/bonus working for the NHS, but my husband may well do as he works in sales. There is a clause in mine for 50% o/t etc (if it is accepted that is). If he were to get a rise within the next 12 months would we have to put this on the I&E as he is not included in my IVA. It doesnt seem fair that if he improves his prospects that he should suffer financially and be no better off for extra duties etc.

Would be grateful for any replies.

Thanks

[debbiw]

Hi no money eva. I can't see how they can make him contribute more into your IVA. It's your IVA and not his. I have an IVA and my husband doesn't. My husband will not contribute anymore than he is now, as at the end of the day it was my debt, not his, and his money is his money.

[MelanieGiles]

Debbie

I would dig in and not pay the money over. If they then made an application for bankruptcy, I would attend the Court hearing and then ask the Judge to rule on why my partner's increase in earnings are being taken into account.

I think I could accurately predict the outcome now! And the IP would be paying my Court costs on top!