Ex is in an IVA that is affecting me

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Sanjay.07
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by Sanjay.07 » Tue Aug 21, 2018 1:27 pm
MY EX WIFE SOLD/TRANSFERRED HER PROPERTY WITHOUT ME KNOWING AND WHILST OUR MARRIAGE WAS IN DIFFICULTY. SHE HAD SEVERAL LOANS, ONE WITH THE SAME BANK AS THE MORTGAGE OF HER PROPERTY.
FEW YEARS LATER WE DIVORCED AND IT WAS ONLY THEN THAT I WAS MADE AWARE. ALSO AFTER TRANSFERRING HER PROPERTY TO HER BROTHER OF WHICH 80% HAD BEEN PAID SHE ENTERED INTO AN IVA OR VOLUNTARY ARRANGEMENT. SHE IS STILL PAYING HER CREDITORS TO DATE.
THE SOLD PRICE REGISTERED AT LAND REGISTRY WAS £56,000 BUT HER BROTHER CLAIMS NO CONSIDERATION WAS PAID ONLY THAT HE PAID OFF REMAINING 20% LEFT ON MORTGAGE.
AS ONE LOAN WAS WITH THE SAME BANK AS THE MORTGAGE HOW THEN COULD SHE HAVE ENTERED INTO AN IVA?
ON FINDING OUT I HAD COTTONED ON, HER SOLICITORS ADVISED HER TO QUICKLY PAY OFF THAT LOAN IN FULL WHICH SHE PROMPTLY DID.
SHE CONTINUES PAYING THE OTHER CREDITORS. SHE HAS A VERY SENSITIVE HOME OFFICE POST (HIGH DBS, PRIVY TO SERIOUS CASES AND DATA BASE) AND EARNS IN EXCESS OF £20,000 P.A. YET DOES NOT PAY OFF HER CREDITORS AS SHE WANTS TO SHOW SHE IS POOR WHEN OUR FINANCIALS ARE DEALT WITH IN COURT. SHE AND HER BROTHER ARE TRYING TO DO ME OUT OF MY HOUSE AND DRAGGING OUR FINANCIAL MATTERS ON AND ON IN THE HOPE TO CRIPPLE ME FINANCIALLY.
I DO NOT KNOW WHO TO COMPLAIN TO, OR HOW TO FIND HER IP. I HAVE LOOKED ON THE REGISTER BUT HER NAME IS NOT ON IT. THE INSOLVENCY BODY DO NOT WANT TO KNOW.
MY NEW WIFE AND I ARE EXPECTING THROUGH IVF AND I AM REALLY WORRIED THE ONGOING STRESS WILL HARM HER PREGNANCY.
I ALREADY LOST A CHILD AS MY EX HAD A TERMINATION AT 17 WEEKS DUE TO HER BROTHER. HE KNEW US HAVING A CHILD WOULD COMPLICATE HIM BEING ABLE TO TAKE HER PROPERTY ONCE IT WAS NEARLY PAID. WHICH HE SUBSEQUENTLY DID.
ALL THIS IS FRAUDULENT YET I AM AT MY WITS END AS TO WHAT TO DO OR WHO TO COMPLAIN TO. THE LOCAL POLICE SHRUGGED ME OFF SAYING THEY DO NOT DEAL WITH FRAUD SEE ACTION FRAUD. ANY HELP PLEASE WOULD BE MOST APPRECIATED.
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kallis3
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by kallis3 » Tue Aug 21, 2018 1:43 pm
Are you sure she is in an IVA? Seems odd to me.
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Foggy
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by Foggy » Tue Aug 21, 2018 1:48 pm
As Kallis says .. is she in an IVA ? If she was she would be on the register, also she would not be able to pay off one creditor in favour of the others and the house transfer would be suspicious too.
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Sanjay.07
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by Sanjay.07 » Tue Aug 21, 2018 2:01 pm
kallis3 wrote:
Are you sure she is in an IVA? Seems odd to me.


I AM CONFUSED MYSELF I THINK IT IS A VOLUNTARY ARRANGEMENT DONE THROUGH PAYPLAN. I THOUGHT IT IS THE SAME THING IVA.
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kallis3
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by kallis3 » Tue Aug 21, 2018 2:03 pm
Sounds more like a Dept Management plan to me which is not the same as an IVA.
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Foggy
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by Foggy » Tue Aug 21, 2018 2:05 pm
Sanjay.07 wrote:
kallis3 wrote:
Are you sure she is in an IVA? Seems odd to me.


I AM CONFUSED MYSELF I THINK IT IS A VOLUNTARY ARRANGEMENT DONE THROUGH PAYPLAN. I THOUGHT IT IS THE SAME THING IVA.


Probably a DMP -- debt management plan. This is an informal arrangement with creditors and the IP would have no interest in her finances as long as she made the agreed repayments. It is not the same as an IVA.
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Lisa Thomas
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by Lisa Thomas » Tue Aug 21, 2018 2:06 pm
Are you owed any money by her?

It's very hard to read your post in capital letters so sorry if you have already explained this but is there equity in the property (or was there at the time of the transfer?)

You could consider making her Bankrupt and the Trustee would have the power to overturn the transaction to her brother as a Transaction at an Undervalue.
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Sanjay.07
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by Sanjay.07 » Tue Aug 21, 2018 7:49 pm
Lisa Thomas wrote:
Are you owed any money by her?

It's very hard to read your post in capital letters so sorry if you have already explained this but is there equity in the property (or was there at the time of the transfer?)

You could consider making her Bankrupt and the Trustee would have the power to overturn the transaction to her brother as a Transaction at an Undervalue.


Yes it might be a DMP. She entered into it without disclosing the full facts. Originally it was her mothers home. Her brother remortgaged it and took all the money. He put my ex on the deeds along with her mothers name for security. My ex paid 80% of the mortgage whilst we were married ( marital funds) and her mother contributed £20 from her Benefits.. I new something was not right but little did I know this was all planned to avoid HMRC and to aquire property using other peoples money i.e. my ex and me. I am sure he would have made us pay all the mortgage but the recession hit and so he paid the remaining 20% and had her transfer the house over (the sale price of which he never paid). So fraudulent recording with Land Registry.
They claim the amount recorded with land registry was a fictitious amount as to what its worth may have been. The funny thing is her brother once worked for the Land Registry so would be aware of false recording.
Once she sold /transferred the house to her brother, she then entered an IVA OR DMP.
She must not have told the truth about her property as one of her loans was with the same Bank as her mortgage. Surely they should have known she had equity in her property. Unscrupulously she transferred her house without the loan department finding out.
After our divorce I found out about the transfer and IVA/DMP. Once I questioned the loan and mortgage being with the same Bank then how could she have entered an IVA/DMP? Her Solicitor realised I had cottoned on and hence she was advised to quickly pay off that loan.
Surely this alone proves her guilt along with the no consideration and wrongful amount registered with Land Registry?
Her brother is a property investor and I have it on good authority by her brother in law she is now having to pay her brother rent.
He has formed a limited company and on his tax returns his rental properties are disclosed but no mention of rent or even ownership of my ex's house which he now owns along with her mothers name on it.
Her mother will leave her share to him hence he ends up with a property he took all the money out of then mortgage paid for by my ex and he will end up with the full title and undeclared rents paid. This is a strategy he learnt from a property seminar which he has meticulously executed without any regard for the law or anyone.
My ex and her brother are now trying to get my house or investment property as well.
It seems although fraudulent they seem to be able to get away with so much. That said, my ex has a highly sensitive post with the National Probation Service so holds a position of trust. She deals with serious cases as a P.A. and privy to personal data. Yet can get away with everything such as ruin peoples lives. Sorry I do not mean to drift off the IVA/DMP issue but just want to portray a clear picture. Even more sad and hard to express, we were expecting a baby but after 17 weeks I believe her brother and sister in law talked her out of it. She had a termination. This was because they knew once born they would find it very difficult if not possible to have her house transferred. Sorry to be so long winded but how come people like these can along with their lawyers use insolvency to get away with breaking the law and no recourse.
Please can you elaborate on making her Bankrupt and how to go about it. I would like the house to be transferred back so that a fair out come can be made.
Do not hold much hope.

Thank you.
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kallis3
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by kallis3 » Tue Aug 21, 2018 8:37 pm
A DMP does not have the same implications as an IVA. It is not a legal document.
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ginger3242
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by ginger3242 » Wed Aug 22, 2018 1:40 pm
You may find if she goes bankrupt - a very large percent of the house equity will go on the the bankruptcy fees.

So perhaps you need to seek some advice/information - before taking any actions
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kallis3
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by kallis3 » Wed Aug 22, 2018 2:30 pm
If she goes bankrupt I imagine the transaction will be overturned and will be vested to the OR.
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Sanjay.07
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by Sanjay.07 » Wed Aug 22, 2018 7:20 pm
How do I go about making her Bankrupt. Having the transfer overturned would be good so as to get a fair and equal division.
This is all a mess. Still wandering what the best way forward would be. If she is in a DMP then has she committed a fraud or entered into it fraudulently by lying to creditors i.e. she had equity in her property which she transferred and then claimed she has no way to pay her loans, especially one which was with the same Bank as her mortgage. I would like to know what process to under take to have the courts look at it. Also as the transfer was over 6 years ago she feels she has gotten away with everything.
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ginger3242
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by ginger3242 » Wed Aug 22, 2018 7:32 pm
Reading your statements - about your ex - are these fact or are they your assumptions ???

You need to speak to a legal person about your assumptions, so the facts can be proven, they can also advise on the best way forward. .
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ginger3242
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by ginger3242 » Wed Aug 22, 2018 7:45 pm
There is a cost implication to you from making someone Bankrupt - you will also have to state the reasons for the request - it all goes in front of a judge and they make the decisions.
So any supporting evidence - needs to be evidenced !!!

That is why perhaps you need to speak to a legal person
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Foggy
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by Foggy » Wed Aug 22, 2018 7:51 pm
There are criteria to be met and fees to pay -- all explained here: https://www.gov.uk/apply-to-bankrupt-someone
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