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Bex12

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Post by Bex12 » Thu Aug 13, 2015 11:14 am
Hi all looking for some advice please I have been in my IVA now for 18 months and the first review went well payments stayed the same. But my husband who isn't involved in my IVA has his own financial commitments and he can't give me the £330 house keeping a month that he was so I have had to now get a full time job with better salary to keep us afloat. I have written to my IVA company a couple of weeks a go explaining this but had no reply as yet! My husband does still pay a couple of the house hold bills but that's all he can afford. I don't know where I stand now legally because I am earning probably £400 more a month now but this is not spare money it's replacing the money my husband can't give me? I have asked them to send me another expenditure form to complete but where it says my income and my husbands it has nothing written on there where I can state my husband personal commitment so it just looks like his salary is all for general monthly bills etc I'm really confused so any advice would be great fully received. Thanks
 
 

Foggy

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Post by Foggy » Thu Aug 13, 2015 11:48 am
Unfortunately what your husband commits his money to has no real bearing on working out your shares of expenses. Hopefully your IP will be sympathetic.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Thu Aug 13, 2015 11:57 am
It sounds like a new I&E is vital. Your husband is entitled to keep his own surplus income to repay his creditors and if the original IVA was not right this could have caused the problem. In reality people do not pay percentages of bills but one person pays the mortgage and another buys the shopping. It should have the same net affect but if you cannot afford your current payments then something has to be wrong.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Bex12

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Post by Bex12 » Thu Aug 13, 2015 2:08 pm
Thanks for your replies, hopefully my IP will reply to my letter ASAP. My husbands dad was helping him out with paying his creditors but he has now had to retire due to health reasons that's why we are circumstances have changed.
 
 

Michael Peoples

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Post by Michael Peoples » Thu Aug 13, 2015 2:50 pm
If your husband is not able to meet his own debts is there any reason why he was included in the original IVA? Perhaps that is something he could consider otherwise you will be debt free in a couple of years and he will be no further forward.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Bex12

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Post by Bex12 » Thu Aug 13, 2015 3:21 pm
Hi Michael and thanks for your advice. My husband can meet his demands now he isn't paying any house keeping because he can't go through an IVA due to his job! This is why I have had to go back full time within a new job ( which isn't easy with a 3&5 year old) to earn more to be able meet our outgoings etc. I just want to make sure I don't default on my IVA as it has taken a lot of sleepless and stressful nights to get this far! But I'm scared that if I have to give 50% of my new monthly salary over the amount that I was on. I know I need to do a new expenditure form but waiting on my IP to write back to advise me on what to do.
 
 

Michael Peoples

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Post by Michael Peoples » Thu Aug 13, 2015 3:49 pm
If you are having to go back to work full time there will be increased childcare costs which need to be allowed for. In addition there will be extra travel costs, meals at work etc which will further erode any benefit to you. Hopefully a new I&E shows that there is no scope for an uplift as this would put the whole thing under pressure.

The only danger I see is if your husband is not paying his fair share of the bills which would mean you would effectively be subsidising his payments to creditors. If that was the case he could offer to help you as and when he repays his own creditors which would mean your creditors would not lose out.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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