I am coming to the end of my IVA, I signed the final signoff form in November and I am waiting for my certificate of completion, I split with my wife and as part of the registered financial agreement she got the equity from the house and all I got was £1750, this was for myself paying her portion of the mortgage for the last 4 months, the solicitor has the funds and GT are saying they want to add it to the IVA and take the money, what are they entitled to take please, it was in fact my money I have paid into the mortgage to support my ex-wife through the final days so not really a windfall (according to my way of thinking anyway), I am in year 2 of finished paying for my IVA and feel GT are now delaying the certification of completion after nearly 18months since it actually finished.
Any help would be appreciated.
It is a little difficult to advise specifically on this point, without full knowledge of your particular case, but it is possible that your IP has taken the view that had you not paid the mortgage payments over the period stated, then you would have been in a position to pay higher IVA contributions and therefore the money should come into the IVA for that reason.
This is just a suggestion, and you should seek absolute clarity from your IP as to the exact reasons. If the mortgage payments were made after the natural conclusion of your IVA - ie by the time you started making them you had already paid all of your contributions into the IVA, then you may have good grounds to argue that you should retain the funds.
I finished my contributions 18 months ago and the house was removed from the list of assets, what they are saying is they want 100% of the money as the money is an new asset and as such they want it all, is this fair? I paid more than I agreed at the start of my IVA and have waited so long for closure and now they add insult to injury. the money was from my income to help my ex-wife who was struggling now she has all the proceeds of the house and GT have the little I had coming back! should I just cross it off as a loss?
So it was a loan that she's now paid back from the equity that she received? I would fight it. Do have bank statements to show you paid the mortgage for her over the last 4 months?.
GT are a piece of work, from what I read they're the only company that carry on taking windfalls after you have finished paying. No wonder they drag their feet.
