Regarding the pension, they cannot force him to draw down a lump sum but he will lose it to the IVA if he does. Some arrangements, however, do exclude pensions and proceeds ( mine did).
At the time your IVA was approved I assume he was advised to take independent legal advice especially as the property is in his sole name. He also should have been able to determine whether your IVA was adversely impacting on him and the legal advice would have taken this into account. If his situation has deteriorated drastically since your IVA was approved then there is nothing that could have been foreseen but if your IVA has caused this then something may be wrong with the payments in your IVA.
I suggest he gets advice from an independent insolvency firm. It is possible that he has been helping to fund your IVA to the detriment of himself and his creditors and as a result is now insolvent. That cannot be right.
moira717 wrote:Thank you foggy that is very helpful. As I am with step change already thought about contacting them but not sure if they enforce the loan re house?
It will say on your paperwork which terms and conditions they use --- the secured loan option was only introduced from 2014 onwards, but firms can, and do, still use earlier Protocol versions.
Ask the IVA Experts a QuestionSimply complete form and you will get an answer from our IVA Experts (multiple replies within an hour *)
* Any use of this forum is conditional on you having read and agreed to our terms and conditions.
* If you enter your phone number, Vincent Bond and Co Ltd will give you a courtesy call to ensure that your question has been answered.
* The question will be posted on our forum, we will email you the location