My partner is in an IVA and the creditor is now stating that this is a joint debt and chasing me for repayment. However as part of the IVA proposal I allowed my salary assets and expenditure to be used to arrive at the repayment figures identified in the paperwork. Can this be considered as a joint repayment and that i am a party to the IVA. The IVA is only in my partner's name?
Do you have a joint debt at all? It is nothing at all to do with your income figures. It is not a joint repayment but if you do have a joint debt then you are also liable for it.
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Your replies have been most helpful, the status of the loan is questionable, the creditor maintains that it is joint but we are positive it was a sole loan for my partner. We have had a s77 CCA and creditor (Natwest) could only produce a signatureless printed true copy. We have asked for other proof but Natwest ignores the questions. Think we will just challenge them to take us to court - no assets to speak of.
Your money should not have been used anyway for your partner's IVA regardless of whether you were liable for the joint debt. With no assets perhaps bankruptcy for your partner would have been better and let the joint creditor try and sue.
Hi Michael & Foggy, Thanks for the replies. We have contested this debt being a Joint one ever since the creditor raised it. Reading my partner's IVA my salary and expenses are listed and I notice there is an allowance made for "my creditors" however this if far below what i would need to make the repayments on this loan if it were joint. It was obviously taken as a "sole debtor" debt and the monthly allowance was based on my normal credit card debts - this being approved by the Creditor's representative. Would this be a lever to use on the creditor to admit that they have made a mistake? So far they have only provided an undated typed up true copy of the CCA as evidence of jointness. Even the loan references differ between my partner and myself.Trying to get answers from them via the DCA is like pulling teeth!!!
Your allowance to repay debts would be based on you paying a fair share of the living costs. If what remained was insufficient to pay your own creditors then you too could be deemed insolvent and need to look at some form of arrangement yourself whether formal or informal.
The fact that the creditor's representatives accepted the proposal does not mean they accept the debt as sole because for all they knew the debt could be part of your debt management plan, bankruptcy or IVA.
I think it is better to try and find out whether you are actually liable and perhaps if you are not getting anywhere the Ombudsman may be the place to go.
Thanks Michael, am waiting for the creditor's reply to my latest queries, because although they were unable to produce the original s77 CCA they should be able to produce the signature verification panels (at least) from the internal Joint account application form for the account we are contesting as a sole. If they are unable then will take the whole matter to the Ombudsman.
