hi I have an iva which is for joint debts with my ex so it was set up that both would have iva"s. my ex has been taken to court and the iva has been rescinded and supervisor now has nothing to do with her.
does that mean she is in breach and open to creditors to going after her personally for her a portion off the debt .and how will it effect me and my iva .
Hi, sounds as though she is in breach and her creditors can come after her but your IVA will be ok.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
You need to check with your IP about your own IVA and make sure it has been separated from hers. Some interlocking arrangements carry a clause staing the failure of one leads to the failure of the other, so this needs to be checked. Otherwise, if yours is still running, you are protected from joint debts and she will be responsible for the whole debt.
Why was she taken to court ? Was it in connection to the debt ? Will the same thing happen to you ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Foggy wrote:You need to check with your IP about your own IVA and make sure it has been separated from hers. Some interlocking arrangements carry a clause staing the failure of one leads to the failure of the other, so this needs to be checked. Otherwise, if yours is still running, you are protected from joint debts and she will be responsible for the whole debt.
Why was she taken to court ? Was it in connection to the debt ? Will the same thing happen to you ?
she was taken to court for not paying iva my up has said it won't effect my iva but I was just checking as I have read that because they are joint they can still come after me ? my iva is about to complete does that mean that creditors cannot come after me for joint debts ?
It can take up to 6 months (which is extendable) after your last payment to get the completion certificate. Most firms do it within that generous timescale ... some firms take weeks, others around 2 or 3 months. A few will use the full 6 !
The same will apply to the termination certificate for the failed arrangement. although that clock starts ticking from when the IP decides to fail the arrangement, rather than the last payment made.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Lisa
I have looked at my agreement and it say that it is linked to my ex's iva and hers has been rescinded by the court .does that mean the creditors can come after me for the joint debt. or will my joint debts be covered by my iva
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk