Our daughter is in an IVA, Due to a chronic illness is due for an op in Papworth Hosp and has been unable to work she has had to sell her house as cannot do stairs or upstairs loo, we have been paying most of her monthly bills and foof etc for some time now as we are OAPs have had to put these on a credit card,which has mounted up and twice I have had to move over to a 0% BT, the Equity from the house would pay back some of this money we hoped, but my letter to present to the IVA I called LOANs and will not pay any of it, they have said loans cannot be taken out for her due to her debt etc But these were not loans taken out I moved then so my debt does not get any bigger since Nov we have paid out over &1000, I know it was my fault for the loan terminology how do we stand re this Please, this 8 to 10 hour op she is having next at end of the month will not cure her Just extend her life we have been told i
How long has your daughter been in an IVA? Does she claim all benefits possible?
A payment break can be arranged if there has been a change of income.
Unfortunately the IVA company are correct in stating you cannot add the debts you have incurred to her IVA. There may be steps you can take to help yourself but without all your income / expenditure etc it would be difficult to advise.
IVA said they would honour bills ie (gas leak repairs) we have been paid council tax arrears,dentist bills,all food as mortgauge took most of SSP, Petrol as she cannot walk far she needs a car,as we are pensioners I had to put on credit card and moved it to a 0% Bt to save paying interest since she is not on full benefits yet since Nov I have paid out another £1000 plus surely these bills are no different to any other, her uncle paid mortgage arrears of £1400 and they are accepting that
james
The time when someone is seriously ill can also be when the system lets them down, be slow and generally it is family that can kick in.
If you are "lending" the money help your daughter claim as many benefits as possible especially given what the hospital she is attending specialises in.
Also (and I know it sounds hard) have you looked at getting a Lasting Power of Attorney (Finance - not health) to help with these decisionshttps://www.gov.uk/power-of-attorney/overview . Depending on how far your daughter is into her IVA that might help in trying to end it based on payments to date.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
I agree that, depending upon where she is in the IVA, that a proposal to end on payments made to date might be worth looking at. Which firm is she with ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
she only wants to pays us back out of the equity they asked for a letter from me re the money we have spent, I said I had taken out loans in this letter and they will not reimburse us the money as loans do not count,but they were not loans they were on my Credit card but as it increased moved it to save charges,so can I argue that it was not a direct loan it was built up over the year as the amount grew, and it is still going on my overdraft this month is over £1300 and have £141 left after pensions etc with all the monthly expenses to come, can I at least claim that back from them
I'm sorry - that is probably unlikely as I am assuming that you are making up for a shortfall in her income.
Even if added it would only be likely you would get back a small proportion.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
what galls me is the IVA agreement was made when she was on £21,000 a year and in good health and when this all came about and could not pay they sent her a letter saying they had handed it back to the creditors, at a meeting, she had no intention of selling at that time, but had to sell as could not use stairs and needs a downstairs loo.so the financial status completely changed, that does not count I suppose
james
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
she has not paid anything to them since before august and as far as we knew thought it was finished and was expecting to be contacted by the creditors, no info from IVA till the house solicitor found a restriction on it
I'm surprised it hasn't failed as it would usually be the case. Which company is this with (assuming you want to give the information). We do have some representatives on forum and sometimes they intervene and things get sorted a tad faster.
IVA final payment left the bank on the 26th January 2013...looking forward to a debt free future.
Without that Lasting Power of Attorney I'm not sure how far you can progress this and hopefully some of the IVA professionals can provide some input.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
You should get some advice from the like of the CAB and also try and arrange a meeting with the IP. Check the insolvency register to see if she is still on there as that would show whether or not her case is still live. I attach a link below.
If the IVA is still live a variation seems appropriate and I see no reason why you would not be able to ask for your money back from the sale proceeds. Your debt is post IVA so you could legally pursue your daughter which is not what anyone would want.
