hello everyone, although I paid my F&F, I still browse in the forum more than once every single day, my ex - paid the money to the joint supervisor. I moved out the flat- another promblem came out- my daughter used one of my credit card and pay the the required monthly amount without delay, so I did not include this debt in my IVA. now she decided to leave UK and live in South Africa with her partner permenantly. the balance is £3936.00 I will not be able to pay the monthly amount. if I write to the credit card company to reduce the monthly payment and freez the interest,and later on I can offer F&F half of the amount due; do you think this will be accepted or I must approach DMP
your advice will be very much appreciated
Hi Tuta
You really need to speak with your IP and see if this debt can be included in your IVA. They should be bound by your IVA even though it was excluded.
Let us all know what they have to say
Regards
If your daughter was using the credit card after your IVA was approved you potentially invalidated the IVA as you were incurring credit. I would doubt if they could be brought into the IVA but may settle full and final. Your daughter should really pay this.
Thank Andy and Micheal, I already concluded my IVA by paying the money to my IP 2 weeks ago. I did not include the credit card balance that my daughter used, but now she is leaving abroad with no promising job.if I approach a company to arrange debt management plan for the time being with reduced monthly instalments and later on can they help me to offer F&F. I do not know how much. I am worried and unable to think properly, I did not have the time to enjoy the payment of my IVA. any advice
I would note even attempt to have this debt included into your IVA. If your daughter will not pay, then you will have to pick up this bill in line with Michael's earlier advice.
tuta-you were lucky that this debt wasnt picked up whilst your iva was running-you have to be totally honest or your iva can fail.Why would you be struggling to pay it when you must have surplus income since your iva has finished-your iva firm must have been a bit sloppy not to have picked up on this earlier-didnt the balance show on your credit file?
We cant pick and choose which debts are included in the iva-your contract would have stated this and im sure you would have been in breach of this as you are favouring a creditor by paying their balance each month.
Last edited by andrea1968 on Thu Dec 09, 2010 9:42 am, edited 1 time in total.
full and final accepted January 2015
iva agreed; August 2010
iva would have completed; August 2017
extra year thank's to NRAM
ivas werent set up to pay the debts we feel like-all my credit cards were in credit and life would be a lot easier if i still had one to use.It doesnt matter who was using the card-it was in your name.This post is just making a mockery of the iva and now another debt just seems to have popped up you seem to be looking for an easy option to pay this one off.If your daughter was using the card-even with your permission-i think the company that issued this would frown upon this-so i would be very careful what you say to them as it may be seen as fraudulent use.
full and final accepted January 2015
iva agreed; August 2010
iva would have completed; August 2017
extra year thank's to NRAM
While I agree with you Andrea that this is potentially a breach of the IVA it may be down to naivety more than fraud. Tuta unfortunately trusted her daughter and was let down. While the ultimate responsibility belongs to Tuta, her daughter cannot be much of a person if she disappears off to South Africa with her partner and leaves her own mother in a very precarious situation.
I meant fraud as in the daughter using the card-even with permission.My ip was very adamant when the iva was set up that all unsecured debt was included as anything not declared would be seen as a breach of contract.This i also have in writing on my contract.My credit card companies always sent monthly statements so i cant see how naivety comes into this.It is sad that the poster has been left in the lurch by her daughter but if the original debt had been included in the iva she would not have this problem now.We all find it difficult in iva to manage on a much tighter budget - but further credit isnt an option and we need to understand this for the outcome to be-debt free!!!
full and final accepted January 2015
iva agreed; August 2010
iva would have completed; August 2017
extra year thank's to NRAM
You are right and Tuta should have disclosed everything at the time and this problem would never have arisen. Unfortunately for her she will now have to repay this debt and be thankful her IP did not find out and fail the IVA.
Sorry Michael i didnt mean to come across as argumentative - but this post does show that the firms dealing with us can become so large that crucial details are missed and if tuta was acting naively in helping her daughter she could have been unfortunate in having her iva fail due to this. I am lucky that I do have a very thorough firm working on my behalf and do trust that all is running smoothly and to the law.
Last edited by andrea1968 on Thu Dec 09, 2010 10:20 am, edited 1 time in total.
full and final accepted January 2015
iva agreed; August 2010
iva would have completed; August 2017
extra year thank's to NRAM
The contracts can be difficult to understand as can the verbal explanations given and I believe Tuta isn't a native English speaker from one of her earlier posts - so allowance can be made for misinterpretation. Even if the card was knowingly excluded, we don't know why the daughter was using Tuta's card and there is no limit to what a mother will do if her children are in trouble. I feel for Tuta here - a horrible last year in her iva and stressful F&F and now she's been let down by her daughter and is back in debt; just when she should be celebrating. Tuta - can your daughter's partner help with the repayments?
thanks to all, definitely I acted naively when I disclosed all my unsecured debts which belong to me only. I was not dishonest,now I feel the horrow of my act, what to do next,I really do not know- not sure if my daughter or her partner will help in this matter.
This is not the end of the world, and you have come to this forum for support and not to be judged. My advice stands to let the IVA conclude, and deal with this debt separately - it sounds to me as if it is a post-IVA debt in any case. If your daughter will not contribute, then try to come to some arrangement with the creditor to pay affordable payments until it is cleared.
