www.iva.co.uk

Hi All long time no speak but I now have a question for all you lovely people. I started my iva in 2011 and completed in 2012 with a full and final settlement .... Eventually as creditors rejected my proposals initially. I have today received several letters from the inland revenue stating that over payments of tax credits had been made since 2007. I have made an arrangement with them to repay this money but I was wondering whether these could be included in my iva of 2011. The reason that I never declared these overpayments before was because I was not aware of them. Life since my iva has been ok so far but now with this arrangement in place it is again going to cause a struggle having to find these extra payments each month. As always I appreciate any advice given many thanks. Claims for tax credits were in joint names with my wife but every year I did complete and send back a correct declaration of our income

The claims should have been included within the IVA provided the overpayment was listed on the Final Award Notice [FAN] pre IVA. HMRC would then have been entitled to a dividend but they could still pursue the joint claimant for the balance.

If the overpayment came to light post IVA the debt would not be captured by the IVA so you need to speak to your former IP. There may be nothing that can be done but worth asking.

Thanks for your reply