www.iva.co.uk

I was hoping you could offer me some advice please?

I am now divorced but I still wanted to keep the house that was bought jointly. My ex wanted nothing to do with it so my solicitor arranged court orders and a declaration of trust that any equity in the house, including negative, would be mine and I would do my best to get his name removed from the mortgage. The mortgage provider would not let me remove his name or give me a mortgage in my sole name so it has had to remain in joint names but I pay everything and have nothing to do with my ex.

As I had a considerable amount of debts that I was struggling with, it was recommended that I apply for an IVA for my unsecured debts, which would also included the part of my mortgage that is unsecured due to it being a 100% mortgage. I told the debt agency that the mortgage was in joint names and also sent them copies of the court orders and they assured me that it would be ok.

My IVA application was successful in March and I have been paying that and the secured part of my mortgage every month since.

I spoke to my mortgage provider a couple of months ago and they told me that although I have the court orders because my ex husbands name is still on the mortgage, he is still liable. Again, the debt agency told me not to worry and to carry on making the payments.

The mortgage provider also said that they had not received any payment from the debt agency. The debt agency and they said that they were waiting for payment for an admin fee for my IVA before they send them any payment. Why they should have to pay a fee is beyond me, but again the debt agency told me not to worry.

I'm so worried about my mortgage provider pursuing my ex-husband because he will be very angry and the reason we split up was because sometimes he could be very aggressive. If anyone could offer any advice I would be grateful x

Hi and welcome.

Are you sure it is an iva you are in? Although creditors probably won't have received payments yet theywill be aware of the iva.

Which company are you with?

If you have a mortgage that also has an unsecured part to it then if your ex is still named on the mortgage then yes he will be jointly liable for the whole amount and your mortgage provider is correct, they will now pursue him for the whole amount outstanding on the unsecured part as you are now in an IVA, the secured part will still remain both yours and your ex's joint responsibility even though it is just you paying it.

As far as any payments are concerned, I understand some IVA companies only make payments to creditors on an annual basis so this may be why your mortgage provider has not yet received any payments from them.

Your IVA company should have made it clear when you applied for an IVA that any joint liabilities would fall to the party that was not going into the IVA (ie your husband)

Hi Lauradll41 - welcome to the forum - sorry to read about the concerns you have.

If the unsecured part of your mortgage is in joint names then it is correct your husband is still liable for the debt even though he has nothing to do with the house. As the debt is being partially serviced via your IVA the mortgage company do have a right to pursue your exhusband for any remaining debt. Your IVA company should have made you aware of this and also I am surprised your exhusband was not asked to sign any paperwork regarding the house as his name is still on the mortgage.

You need to speak to your IP straight away to get clarity on this. If your husband being pursued is going to cause you problems (and serious ones putting you at risk) you need to see what your options are and protect yourself. Could your IP look at the debt being removed from the IVA and it be kept outside of it with an adjustment to your I&E to allow for the payment? You may have to restart the process if that is possible but the key thing is to speak with them immediately. Any good IP will do all they can to help you and find a suitable and safe way forward.

If it turns out that in fact it is a DMP that is in place then you could look to adjust that so that the unsecured mortgage is separate - it is easier with a DMP.

Please do keep us informed how you get on.

regards,

I'm wondering what this admin fee is? Any upfront fees should be paid before agreement. The other fees come out of the monthly payment.

The mortgage company should now be pursuing the ex, and unfortunately there's not a lot that can be done about that as he is jointly liable.

Hi and thanks for your replies

Is it really possible to get some debt removed from my IVA? I would not mind re-starting the process. I just cant face any further confrontation from my ex.

Why would the mortgage provider have to pay a fee? Doesn't seem right to me.

I'll get onto my IP straight away (again!). I'm really disappointed in their attitude and lack of urgency.

Again, thanks so much for your help. I've been pulling my hair out so it's great to know I can get good advice x

Hi again,

Just had a response from IP saying that my mortgage provider cant be removed from my IVA as they will then be treated as a preferential creditor.

I have no idea what this means so I have asked the question but they seem like they are being delibrately evasive. I can never get a straight answer

Thanks again x

Which company are you using Laura? It may be one who posts on here.

Just to make sure that you are in an IVA rather than any other debt solutiion, is your name on the Insolvency Register?

Hi,

It's definately an IVA I'm in and the company I'm with is Payplan who were recommended to me by a family member.

I have been in touch with them again and asked them what my options are but it's like banging my head against a brick wall because I cant get a straight answer. They registered my last email as a complaint so apparently their compliance team are getting in touch with me to talk about things but when that will be, who knows x

We do have an IP from Payplan who posts on here and I know he monitors the forum so hopefully he can pick up on this one.