Small claims while in an iva(defendant)

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Jay H

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Post by Jay H » Sat Apr 06, 2019 8:15 am
Morning
Please bare with this question.
My relationship with my ex partner broke down in Feb 2019..
I entered into my Iva Feb 2018 while we was together.. I told her and was up front about which wasn't an issue.
She was particularly well off financially. She spent money on us both and holidays etc, along with helping me out cash wise if I needed.. This money was never considered a loan "her words I can't help you with time wise as in child care due to her own circumstances but I can help you like this so let me help"
I had a small claims case opened against me for the sum of £7880 from my ex partner.. I have sent a defence detailing my side.. I'm almost certain this won't be up held with evidence I hold on the matter.. If it does how does this affect my Iva? Would she be classed as creditor since she was fully aware of the Iva? Obviously in the relationship I was thinking I need to pay all this back if we separate or I wouldn't of excepted the gifts or cash..
Any advice is appreciated
Cheers
James
I am no expert but would like to give advice based on my own personal experience...

Jay H

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Location: United Kingdom

Post by Jay H » Sat Apr 06, 2019 8:53 am
Typo I wasn't expecting to pay this back
I am no expert but would like to give advice based on my own personal experience...

Foggy

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Post by Foggy » Sat Apr 06, 2019 9:06 am
It seems that when you took the IVA out you didn't consider that you were in debt to your then partner and maybe that was her understanding too, at that time. However, since the split, she is trying to claw back whatever she can by creating this "debt".

First you have to see what the courts decide as there might be no case to answer. If they find against you it will then be for the IP to decide whether this is new debt (which will not be included in the IVA and you would have to come to some arrangement to pay) or a debt undeclared, through no fault of yours, when the IVA started.

It is possible that, as an existing debt, it could be included. If a small amount relative to your total debt, the IP could accept it. If a larger amount that would affect the other creditors return, the creditors would have to decide. They would also have to be satisfied that leaving the debt out in the first place was not your fault.

I would suggest that you discuss this with your IP so it doesn't come and smack everybody in the face as a bolt from the blue! Hopefully your IP and creditors 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
http://foggy.blogs.iva.co.uk

Jay H

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Posts: 150
Joined: Sun Jan 22, 2012 4:30 pm
Location: United Kingdom

Post by Jay H » Sat Apr 06, 2019 9:15 am
Thank you for that much appreciated
I am no expert but would like to give advice based on my own personal experience...
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