As regards the loan, I'm afraid you are both jointly and severally liable for the debt.. As a creditor she should only be told about payments and will not know your financial affairs.
Also, you may find you are worse off with a DMP as interest and charges could be added on and council tax arrears would need to be paid unless you came to an arrangement with them.
You could stop the IVA by failing it, usually by missing three payments, but there would be no guarantee that the creditors would co-operate in a DMP. They would also be free to add back lost interest and possible charges and the debt could increase. I believe, also, that the unpaid CT would then be regarded as arrears as the debt would no longer have the protection of the IVA.
Regarding the joint loan, at the end of the day, you both took out this loan and are both responsible for it's payment between you. If she regards herself as a creditor for your half of the debt which she is paying there is no getting away from it .... I do wonder , though, whether it is permissible to let sleeping dogs lie as she has voluntarily taken the debt upon herself prior to the IVA even being considered (Maybe an Industry Expert could shed some light on this aspect too).
kallis3 wrote:Usually you are allowed to continue your Council tax as it is a priority debt, and if not in arrears you should have continued to pay it as normal.
DMP or IVA you are both still liable for the joint debt so if she didn't pay they would chase you.
There have been court rulings in the recent years that put CT into the IVA, being a debt due on the 1st April each year and allowed to be paid, in arrears over 10 months, at the councils discretion. My own thoughts are that this causes more problems than solves and many firms still leave it out, I understand.
Rents19 wrote:Sadly I tried,they ain't having it - Based on what info I've provided is therefore a DMP a better option considering I'd be knocking at least the joint loan out the equation at 4500 and re set up my council tax not to mention save on the insolvency fees or to continue with the IVA
Personally I would prefer the greater degree of certainty with the IVA. I have played with fire before and have the scars to show for it to this day. But, at the end of the day, it is your decision to make and nobody else's.
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