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Posted: Tue Oct 18, 2011 6:59 pm
by Lauradll41
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
Posted: Tue Oct 18, 2011 7:03 pm
by mellymoo1983
You can fail your IVA bynot paying, but you will be back to square one with your creditors....
Posted: Tue Oct 18, 2011 7:07 pm
by Foggy
Hi. Why do you feel the IVA was mis-sold ? What incorrect advice were you given ?
Posted: Tue Oct 18, 2011 7:09 pm
by kallis3
Laura is having problems with Payplan, I was rather hoping Nick would pick up on this but he hasn't so far.
Posted: Tue Oct 18, 2011 7:18 pm
by Lauradll41
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??
Posted: Tue Oct 18, 2011 7:25 pm
by Foggy
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.
Posted: Tue Oct 18, 2011 7:33 pm
by kallis3
Laura - I'm going to email Nick and ask him to look at these threads if that's ok with you?
Posted: Tue Oct 18, 2011 7:38 pm
by flumpy dog
good luck laura
Posted: Tue Oct 18, 2011 8:07 pm
by Lauradll41
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.
Posted: Tue Oct 18, 2011 8:12 pm
by flumpy dog
hope you get a resolve laura fd x
Posted: Tue Oct 18, 2011 8:17 pm
by kallis3
Laura - no problem at all. I shall send it now and hopefully he can pick up it tomorrow and help you out.
Posted: Tue Oct 18, 2011 8:54 pm
by Nick Payne
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.
Posted: Tue Oct 18, 2011 9:22 pm
by kallis3
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.