Im very very confused

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Post by » Tue Sep 07, 2010 12:28 pm
My husband entered into an iva last december. They have included my benfit money (Incapcity) in the figures. I am not covered by this Iva and have to pay the bank the overdraft back (it was a joint account). As we lost our joint account my husband is the only one with a bank account at the moment. However i wish to have my own account and i am going to get my money paid into this, my husband has said that the terms of the iva means all income must be paid into the account whick was opened for us. I have not signed any agreement with them, as this was my husband s debt and not mine (all loans in my name have been paid in full) Could you possibly tell me where i stand in all this mess as im very very confused. I cant understand how they can include my money yet im not covered in any way.... many thanks julie.


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Post by liamjames » Tue Sep 07, 2010 12:38 pm
I assume that they have also included all of the joint bills in their figures (income and expenditure review)?

Your husband can only afford his IVA whilst you are sharing food, housekeeping and bills between you. His IP has a duty to make sure that your husband's IVA is affordable, so he will probably ask for your details to make sure.
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Post by kallis3 » Tue Sep 07, 2010 12:43 pm
I've never heard of you having to have money paid into a specific account. As long as you can get a bank account with someone who is not one of your creditors, then you should be able to bank anywhere.

You should have to prove that you are sharing the bills equally.
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Post by Tina Shortland » Tue Sep 07, 2010 12:51 pm
Hi - welcome to the forum,

By the sounds of it a household income and expenditure budget was done which takes into account your income as well. A provision should have been made in the expense budget to cover any payment you would need to make for your liability with the joint debt. Any remaining disposable income between you would have been used for the IVA but you need to go back to your husbands IP to clarify the figures and whether any specific clasue was in there that requested your money goes into the same account. If there isn't any and you use a seaprate account you will need to make sure the money is used as per your budget otherwise you will find yourselves short of money either for the IVA payment or for normal living costs.

as with any concerns, it is always best to go straight back to the IP company representing you (your husband in this case) and get specific clarifications.

Let us know how you get on,

Regards, Tina Shortland, Debt Advisory Manager for Melanie Giles at Debt Advice TV.

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Post by MelanieGiles » Wed Sep 08, 2010 12:27 am
Your income should not have been included without your permission. Did either your husband, or the IP he invited to act for him, consult you at any stage about your wishes? And full provision should have been made for your own financial commitments.
Regards, Melanie Giles, Insolvency Practitioner
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