What happens if my husband fails to co-operate ?

Get expert opinion. This is the place for new questions to be posted.
32 posts Page 1 of 3
User avatar
andrea457
Posts: 15
by andrea457 » Sun Apr 02, 2017 4:25 pm
Me an my husband have split up, we completed 60 months in Feb 17, but have to do a further 12 months. My husband is refusing to do an income an expenditure form. They have informed me that I have surplus cash each month. I wanted to make a one off payment to close it down. Can you let me know know what happens if my husband fails to co-operate. Will I have to make extra payments due to having surplus cash due to receiving the disability element of child tax credit.
User avatar
Foggy
Forum Expert
Posts: 23905
Contact
by Foggy » Sun Apr 02, 2017 5:12 pm
Are you both in interlocking IVA's, or is it just you in the IVA ?

Normally ( unless with Payplan) they would assume a 50/50 split of household expenses ( if you are still under the same roof). If you are living apart then, again, it would depend upon who is in the IVA.
User avatar
andrea457
Posts: 15
by andrea457 » Sun Apr 02, 2017 5:53 pm
We are both named on the IVA
User avatar
Foggy
Forum Expert
Posts: 23905
Contact
by Foggy » Sun Apr 02, 2017 6:15 pm
OK -- you should have two IVA's, one each, which are interlocking. If your ex doesn't co-operate you will need to get them separated. Then you continue with yours until the end and his will fail and he will be back to square one with his creditors -- this, of course, would be a rather foolish thing for him to do.

You would have to get the separation dealt with before you made a F&F offer. Alternatively you could make an offer to finalise both, based on remaining number of payments multiplied by the monthly amount. However, as part of this process your IP might still require fresh I & E's.

You really need to have a full and frank discussion with your ip to explore oprions.
User avatar
andrea457
Posts: 15
by andrea457 » Sun Apr 02, 2017 6:21 pm
I'm happy to make a full an final settlement for both of us. It's been a very stressful time of late.
I didn't like the way I was questioned over my income an expenditure form, regarding my Virgin bill. The lady thought it was way to high, I did explain my son was out of school for over 2 months an he was allowed to watch some Virgin movies. Are they allowed to question you in such a way. At the end of the call I felt like I'd done something wrong.
She also said my kids are not allowed a mobile phone it's a luxury?? Is that correct, what can you put in your income an expenditure an can't.
User avatar
Foggy
Forum Expert
Posts: 23905
Contact
by Foggy » Sun Apr 02, 2017 6:30 pm
Income and expenditure should be what you actually spend, but there are guideline figures and you need to justify figures outside of this. It is usually queried if you introduce new items of expenditure during the course of the IVA. Some IP's have stricter views than others. And ... some telephone handlers have a better manner than others !

The guideline figures are compiled by StepChange and aren't generally issued outside of the industry -- but are guidelines only.
User avatar
andrea457
Posts: 15
by andrea457 » Sun Apr 02, 2017 6:36 pm
I've been through the IVA paperwork my debt totalled 10k, the rest is his.

Due to having surplus cash each month would all the surplus cash have to be paid to the IVA.
User avatar
Foggy
Forum Expert
Posts: 23905
Contact
by Foggy » Sun Apr 02, 2017 6:53 pm
Yes -- as before they will take income, less agreed expenses, which will be your disposable income, all of which is due to be paid in to the IVA.

Now -- most IP's will negate the disability element of any benefits with a corresponding general expense, allowing you to keep it. After all it wasn't awarded to pay your debts, but to pay the extra, disability related, expenses. However, again, some IP's are not so sympathetic --- but I would still argue the point.
User avatar
andrea457
Posts: 15
by andrea457 » Sun Apr 02, 2017 7:49 pm
I will argue the point about the disability element of tax credits.
I did miss out some things that I pay on income an expenditure so I'll add them to the form when she sends out the pack.
What happens if I change job during this period.
User avatar
Foggy
Forum Expert
Posts: 23905
Contact
by Foggy » Sun Apr 02, 2017 9:12 pm
andrea457 wrote:
I will argue the point about the disability element of tax credits.
I did miss out some things that I pay on income an expenditure so I'll add them to the form when she sends out the pack.
What happens if I change job during this period.



If you change job they will only be interested in your income -- if it increases, so will your payment, usually by half the increase. If it drops you might get a reduction, but this is usually harder !!
User avatar
kallis3
Forum Expert
Posts: 71955
Contact
by kallis3 » Mon Apr 03, 2017 7:16 am
My husband was on DLA plus his occupational pension and everything was taken into account for his IVA.
User avatar
andrea457
Posts: 15
by andrea457 » Mon Apr 03, 2017 8:35 am
It's my Son who receives the DLA, he's only 12. It's been a very stressful time of late, in an out of school due to anxiety an other issues.
User avatar
Michael Peoples
Industry Expert
Posts: 15188
Contact
by Michael Peoples » Mon Apr 03, 2017 8:44 am
Your son's DLA should be ignored and other expenditure allowed. The Stepchange guidelines are only that and additional expenses are allowable especially where there are disabilities involved. If your I&E was done properly there may not be a surplus as your son's income is not yours so I suggest you speak directly to the IP and see what they say about this.
User avatar
andrea457
Posts: 15
by andrea457 » Wed Apr 05, 2017 5:00 am
I have a letter dated 13th Jan 17 from IVA stating Do hereby give notice of an extension to the duration of the arrangement for a period of 6 months for the purpose of fulfilling the arrangement in accordance with the terms an conditions.

Can someone let me know what this means, completed 60 months February 17.
User avatar
Foggy
Forum Expert
Posts: 23905
Contact
by Foggy » Wed Apr 05, 2017 7:39 am
andrea457 wrote:
I have a letter dated 13th Jan 17 from IVA stating Do hereby give notice of an extension to the duration of the arrangement for a period of 6 months for the purpose of fulfilling the arrangement in accordance with the terms an conditions.

Can someone let me know what this means, completed 60 months February 17.


You need to clarify which terms and conditions have triggered this letter, but I imagine it is to extend the admin period before they feel they can issue the certificate of completion ( possibly due to PPI ) and no additional payments are required.

I would ask them the reasons -- if it is PPI ask if they will accept a Deed of Assignment to speed matters up. This basically assigns any interest in PPI refunds to them even after they have issued a Completion Notice.

It does seem a little strange, as, from earlier posts, you still haven't dealt with the 12 month extension -- are you still making payments since February ?
32 posts Page 1 of 3
Return to “Ask IVA Forum and Industry experts”

Who is online

Users browsing this forum: No registered users and 11 guests