My sister entered an IVA with her husband 4 or 5 years ago, some of the debts were single for her, some were Single for him and some were joint. Her husband has died so what should happen In the IVA, as the company are just continuing to take money that she can not afford and although she sent a copy of the death certificate they have said they never got it! Please advise of the legal status so that I know how to help her and deal with the company with the correct information thanks Shelley
What they would of had were two interlocking IVA's. On her husband's death his IVA would have ended, either failed, in which case his debts would be payable from his estate, or, the creditors would have been asked to agree that the IVA concludd successfully, on payments made to date, in which case his debts would have been written off. The joint debts would remain in the wife's IVA as she would become solely responsible for them. The wife's IVA would continue as before, but with new payment amounts to reflect her new reduced income. It is also possible that her IP could petition the creditors to deem both IVA's successfully concluded, on payments made to date, in light of the circumstances.
Might I ask who the IVA provider is ?
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
Sorry to hear of the situation. Was the death certificate sent recorded delivery by chance or by email ? Just thinking allowed if it was then the IVA company are at fault for not acting on this and monies taken since should be considered in any final closure of her husbands iva.
A full review of her situation needs to happen and maybe ask for consideration of acceptance of payments to date to end the iva early.
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !