I am in the final month of my IVA. An original creditor has stated that the debt was in joint names and is chasing my partner via a debt collection agency (this has been disputed and account is on hold) but the OC has also now written to me to say the debt has been assigned to a different debt collection company. Does this affect either the IVA completion or my partner's status?
If your partner was not in the IVA then it is quite correct that the debt is also payable by the joint holder as you are both jointly and severally liable for this debt.
It won't affect your completion but unless your partner makes efforts to pay off the remainder then their status may well be blemished.
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
Thanks for the replies kallis3 and Foggy. We have disputed that the debt was a Joint debt and the OC can only supply a "typewritten true copy" of the CCA. The DCA chasing my partner was "collecting on behalf" of the OC but now if the OC has assigned the debt to a different DCA is the original DCA now no longer representing the OC. Similarly if the debt was a Joint debt then surely the OC should also have informed my partner of the re-assignment. We intend to tell the new owner of the debt about the IVA but make no mention of the alleged and disputed joint - is this wise?
Once a debt is in dispute the collection procedures should stop. However stopping collection will not clarify whether or not your partner is liable or not so they will have to ask for evidence.
Michael, my partner's account is on hold with the DCA who is collecting on behalf of the OC. However now that the OC has informed me that the debt is reassigned to a different DCA but not informed my partner I am wondering whether this is a tacit admission that the debt is not a joint one (which we have stated all along) or is it possible to assign parts of the debt to different DCAs?
We have already used the s77 CCA request but all that produced was a typed up "true copy" and the OC has admitted not having the original signature bearing papers.
If the debt was joint it would still be joint. The lender cannot split liabilities.
First off I would simply inform the new owner that the debt was included in an IVA and see if they go away. They might require sight of copies of the Creditors Report and the Final Report.
If they pursue the joint liability the onus is on them to prove the joint status --- the "true copy" might not be sufficient for this purpose and you should proceed on this basis.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
I take it you don't have any of your paperwork for this loan?
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
Hi kallis3 and Foggy, Thanks for your helpful replies. Unfortunately the original paperwork (from 2007) was lost in a house move. There was no mention of a joint liability until sometime after the IVA was set up (2011) and since then my partner has been contacted by 2 different DCA's (collecting on behalf of the OC) and with each one we have queried the joint issue and the account has been put on hold whilst they take it up with the OC. With the current DCA we did get a s77 request passed thru but that came back with just a typed "true copy" (looks like made to order) The account is still on hold but now I have been told the debt has been re-assigned to a 3rd DCA I am wondering if anyone has told the current DCA that they're no longer involved? Should my partner tell them? (we have had a reasonable rapport with them over the issue). Will certainly not be mentioning Jointness to the new owners of the debt and just detailing the end due date of the IVA.
These debts are sold in large parcels so personally I would just inform the new owner of the debt about the IVA and send them the details of the IP. If they subsequently come back looking to recover from your partner then it would just show the matter has still not been resolved. There is always the possibility that this ends everything so certainly worth a try.
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
