IVA and house move - possible foul play issues!

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by Foggy » Fri Nov 03, 2017 4:59 pm
1. One of my debts was included in my wife's IVA, the creditor has confirmed it's in my name and not hers, what can be done legally about this error?
Nothing -- your wife signed the proposal staing the contents were accurate.

2. The original amount was 8k plus, however without the account in my name the total would be approx 6k, would this be enough to create an IVA?
Not on it's own, but this was not known at the time and the amount was signed off as above.

3. Why were the accounts not confirmed before IVA commencement? Because If they were then the IVA would not be valid!
They were --- you signed them off as accurate at the time.

4. Who have the IVA company been having yearly creditor meetings with if one account was in my name and one other creditor, which held 3 accounts, aren't even trading anymore and haven't still confirmed any of the debts?
There are rarely physical meetings ... what they do is simply send out reports.

5. This land registry restriction has caused us a delay in selling the house, and cost us additional money, however considering all of my points above, the restriction should not of been applied because the actual total amount of debt now stands at £800, not the original £8k, which included a debt in my name!
The equity is an asset of the IVA regardless of the amount of debt, therefore the restriction was properly applied with the facts as believed at the time.

6. Do we have any grounds to request or even demand this IVA be annulled and the registry restriction immediately be removed?
There might have been an almighty mess up along the line, but an IVA largely stands on what the IP is told by the debtor at the time. You might have an arguement regarding the lifting of the restriction.

Sorry they are not very helpful or inspiring replies, but, in the Insolvency World, we, the debtors have very little comeback available to us.
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