i have just entered into an IVA
we are married but i am the one with the debt
however 1 Creditor has put a clause in it
1. Wife must be activily seeking work ( she has epilpsy ) just provided proof today
my wife doesnt not have any debts and i applied as Single Debt, my wife doesnt work due to the nature of her epilepsy and feel that the creditor is forcing this decision for me to accept it so that the IVA is active
at present i have accepted the clause simply due to the fact i have provided proof my wife shouldnt work
due to her disability
i really hope the creditor accepts the diagnosis letter
at this point i dont know what to do if they regect it
can i ask my IP to remove that creditor and pay back my debt to them normally but at a higher rate
No, you cannot remove a creditor and have to let them vote. Do they hold enough voting power to force through this amendment --- they need at least 25% by debt amount, of those voting to swing it. The IP could try to get others to vote it down or you could just refuse and the IVA will not get off the ground.
Ask for a definition of "Actively seeking work" ... if loose enough you could just fudge it.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014 http://foggy.blogs.iva.co.uk