In breach of an iva

Get expert opinion. This is the place for new questions to be posted.
3 posts Page 1 of 1

nicoleta

User avatar
Posts: 1
Joined: Tue Jan 26, 2021 6:48 am

Post by nicoleta » Tue Jan 26, 2021 6:48 am
Hi everyone,
I have been pushed by my ex to sign a joint IVA in 2019.A few months after we signed the IVA my then partner decided to cheat on me and simultaneously break up our relation even though there was a child involved from our relationship.Furthermore, a month after we signed he fled the country and i was left here with a 2 year old and an IVA.I have to admit I have never read the contract and was obsolete of its consequences and it's restrictions. A year after I signed I managed to get a credit card, which i had no clue was forbidden by my IVA to do that.A week ago I received a letter saying that my IVA wasn't being paid anymore_(by my ex) a mutual understanding that we made 9 months ago.So he stopped paying.He stopped any l8ttle payment towards his kid too.So I had to take that credit card unknown to me that I wasn't allowed to.The IVA company told me now that I breached the contract which is correct.And I am guilty but I needed the money to pay for my kid childcare so I could work.How do I get out of this mess.Please help me out...

Foggy

User avatar
Forum Expert
Posts: 32044
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Tue Jan 26, 2021 8:44 am
I would suggest that you chat to your IP, if they are sympathetic, or a different one if not. Any debts in his name are his problem, not yours. You only need to deal with joint debts (as he is no longer paying those) and debts in your name only. You might be able to sort out your debts without another IVA, but everything needs to be looked at carefully and explained to creditors, whichever solution you go for.
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

johnny697

User avatar
Posts: 17
Joined: Mon Jan 25, 2021 5:04 pm

Post by johnny697 » Tue Jan 26, 2021 11:21 pm
Hi Nicoleta;

As Foggy has rightly said discuss the situation with your I.P; but try to ensure you have a written record of questions and replies a (Contemporaneous record that you can & may have to refer too). Vital to prove that you have tried to deal with the terrible situation you have been left in and that you are trying your best in extreme circumstances.

Also track or trace what proofs or evidence you have of your ex's only debt, so that you can vehemently deny any knowledge and start the process of ensuring that although your IVA may have been agreed as joint, that the debt within it is not! (Again as Foggy has highlighted.

Further for any Contract to be binding it must have an offer to treat and be agreed formally to be binding, when your partner forced you into agreeing the Joint IVA, was everything at this point not done under extreme duress, how could you be fit to read through a contract that at the time you were potentially forced to do.

Not trying to place words in your mouth (as this is off the record) were you not being abused; and has this not continued.

Further report your ex reference payments due for your child; further start to garner support with both local Government and your local MP; by sending a recorded signed for letter, retain copies with receipts all to build your side of a terrible story.

Start taking control for you and your little one. Best Wishes Johnny
3 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”