Is it possible to break your IVA?

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Lauradll41

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Post by Lauradll41 » Tue Oct 18, 2011 6:59 pm
Hi again,

Hoping for some more advice (sorry but I'm pulling my hair out).

Is it possible to break your IVA if you feel if has been miss-sold to you ie. incorrect/lack of advice?

I would much appreciate any feedback please! x
 
 

mellymoo1983

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Post by mellymoo1983 » Tue Oct 18, 2011 7:03 pm
You can fail your IVA bynot paying, but you will be back to square one with your creditors....
Started IVA May 2010 - 17 months done 43 months to go to a happier debt free life - big lesson learnt!
 
 

Foggy

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Post by Foggy » Tue Oct 18, 2011 7:07 pm
Hi. Why do you feel the IVA was mis-sold ? What incorrect advice were you given ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kallis3

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Post by kallis3 » Tue Oct 18, 2011 7:09 pm
Laura is having problems with Payplan, I was rather hoping Nick would pick up on this but he hasn't so far.
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
 
 

Lauradll41

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Post by Lauradll41 » Tue Oct 18, 2011 7:18 pm
I'm not sure if my IVA could just be changed? The unsecured part of my mortgage is included in my IVA and now solicitors are chasing my ex for the full balance.

When I got divorced I had a declaration of trust put into place that, although I cant get his name removed from the mortgage, the house is solely my responsibility.

Could the mortgage providers be removed from my IVA and I just pay them seperately? Payplan say no because then they would be a preferential creditor??
 
 

Foggy

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Post by Foggy » Tue Oct 18, 2011 7:25 pm
Despite the declaration of trust, I assume the mortgage, and therefore the unsecured part is in joint names, in which case your ex is now responsible. The problem is now his. Am I also to assume that you consider Payplans advice to be incorrect because they didn't tell you this would be the case ? You are Payplan's client, not your ex, and I imagine they don't consider it their responsibility to advise a non-client.

ALL unsecured loans have to be included in the IVA. If you treat one creditor differently from the others they could fail the IVA.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kallis3

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Post by kallis3 » Tue Oct 18, 2011 7:33 pm
Laura - I'm going to email Nick and ask him to look at these threads if that's ok with you?
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
 
 

flumpy dog

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Post by flumpy dog » Tue Oct 18, 2011 7:38 pm
good luck laura
 
 

Lauradll41

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Post by Lauradll41 » Tue Oct 18, 2011 8:07 pm
kallis3 - that is fine with me, if some one there would just give me an answer it would be great!

foggy - I know that my ex is not payplan's client but they were aware of what problems I would get from him if anything like this was to happen so I do feel like they have let me down because no way would I have proceeded with this if I would have known I would have these kind of complications.
 
 

flumpy dog

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Post by flumpy dog » Tue Oct 18, 2011 8:12 pm
hope you get a resolve laura fd x
 
 

kallis3

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Post by kallis3 » Tue Oct 18, 2011 8:17 pm
Laura - no problem at all. I shall send it now and hopefully he can pick up it tomorrow and help you out.
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
 
 

Nick Payne

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Post by Nick Payne » Tue Oct 18, 2011 8:54 pm
Hi, sorry for the delay is spotting your posts Laura, thank you Kallis for pointing this out to me.

Laura are you about to email me directly with you ID number and i will look into your case in detail and make sure your queries are answered immediately.
Hi, my name is Nick Payne and I am an Insolvency Practitioner with Payplan.
Read the Payplan blogs by visiting our website www.payplan.com
 
 

kallis3

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Post by kallis3 » Tue Oct 18, 2011 9:22 pm
Laura, in case you were wondering, Nick's details can be found under the 'Ask a Question' link on the left hand side of the page.

Just bumping this back up again.
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
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