Joint debts in an IVA

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Post by steve181 » Mon Jul 23, 2018 2:45 pm
i had an iva that finished 6 years ago
in the iva was 4 debts that were joint
we were told at the time these were still covered by the terms of the iva because both incomes were taken into account
we did have hassle from the company these debts were too all the way through the iva chasing my wife for the money
A judge in the end set it aside
as i said the iva finished 6 years ago haven't heard a thing from this company until recently started chasing again
i don't think we owe them anything as both incomes went in to start with
how do we stand now


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Post by Foggy » Mon Jul 23, 2018 3:14 pm
If a judge has set the debt aside I think that would be the end of the matter --- not sure, but that's y thinking.

If you haven't acknowledge the debts they will be statute barred anyway (have a "Google") and the creditor cannot chase for collection.

Finally --- (judge's ruling apart) the IP was telling you rubbish ... if you were the only one named in the IVA, you were the only one protected. The wife was still fully responsible for paying the joint debts in full (less any dividend from your IVA). Unless you were with Payplan, it is very unusual for both incomes to be used to pay a single IVA.

Are you certain that you were the only one in an IVA? Did you, maybe, have two interlocking IVA's ( 2 arrangements, one in each name, but one monthly payment). Were the wife's own debts included?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
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