Fraudulent IVA
sean9461
Posts: 183 Forumite
Long story short
My mother was in an abusive relationship and the ex husband took out several loans whilst he was living a double life
These loans funded his double life and he signed up for loans in his name and cosigned my mother without her consent.
He then started an IVA to write off the debt presumably with the intention of disappearing after 5 years.
However my mother found out he was cheating before the 5 years weren't up and started divorce proceedings.
It came to light the sheer amount of debt he had fraudulently obtained during divorce proceedings.
She found out about the Iva a few years ago and had contacted the Iva once a twice as he asked her to do it and they just demanded payment so she obliged.
However this fraud is going to cost her the house unless we get it sorted.
I contacted action fraud and reported the accounts as fraud and I've been fighting tooth and nail with Iva company who now say they are seeking legal advice from their solicitor before they close the Iva.
I can't contact the individual creditors as the list of the original creditors on the Iva form I received from a SAR request either have since gone into liquidation or have phone numbers that are disconnected.
Can anyone advise me on what the proper procedure for companies is when someone declares fraud.
They have since sent me a letter saying they will not be Persuing the debt until they can prove fraud and or they get legal advice. However how do I prove fraud. It's very difficult to prove
Thanks for any help in advance
My mother was in an abusive relationship and the ex husband took out several loans whilst he was living a double life
These loans funded his double life and he signed up for loans in his name and cosigned my mother without her consent.
He then started an IVA to write off the debt presumably with the intention of disappearing after 5 years.
However my mother found out he was cheating before the 5 years weren't up and started divorce proceedings.
It came to light the sheer amount of debt he had fraudulently obtained during divorce proceedings.
She found out about the Iva a few years ago and had contacted the Iva once a twice as he asked her to do it and they just demanded payment so she obliged.
However this fraud is going to cost her the house unless we get it sorted.
I contacted action fraud and reported the accounts as fraud and I've been fighting tooth and nail with Iva company who now say they are seeking legal advice from their solicitor before they close the Iva.
I can't contact the individual creditors as the list of the original creditors on the Iva form I received from a SAR request either have since gone into liquidation or have phone numbers that are disconnected.
Can anyone advise me on what the proper procedure for companies is when someone declares fraud.
They have since sent me a letter saying they will not be Persuing the debt until they can prove fraud and or they get legal advice. However how do I prove fraud. It's very difficult to prove
Thanks for any help in advance
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Comments
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Bump - anyone able to offer advice?0
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Hi,
I would not be too concerned with the IVA company, if an individual stops paying, eventually the IVA will just fail, there is no financial penalty for this.
How old are these debts, and when did they last make a payment to them ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Thanks for your reply.
She specifically has never paid them. He stopped paying for them around 8 months ago when we found out about his double life and divorce started.
Debts are from well before 2010 and Iva started 4 years ago0 -
My biggest concern is the judge in divorce taking the total debt into consideration when deciding assets. I don't want him forcing my disabled mother out of the matrimonial home. She needs to be near family and no other suitable houses are for sale in the area0
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I should add all these debts are in joint names.
However there's two Iva accounts one in his name one in hers. Which he Set up.
Only 4 debts have her name co signed and are on her Iva.
He's still paying his Iva account and stopped paying hers0 -
A tangled web indeed, once it has all panned out, if she is still left with any debts, there are things you can do.
But the situation regarding the IVA needs attention first.
Maybe give National Debtline a call, see what they advise.I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
I will call them later today.
Is there not any specific regulations that companies have to follow when fraudulent activity has occurred to protect people?0 -
I will call them later today.
Is there not any specific regulations that companies have to follow when fraudulent activity has occurred to protect people?
Do you know the circumstances surrounding how he managed to take out the loans? It's been a long time since I took out a loan but I used to have to actually speak to someone to confirm details etc.
Criminal proceedings may be your only option though. Very hard to prove fraud between husband and wife, else every scumbag would be doing it.0 -
No she doesn't know if she signed a document which he handed her and demanded she signed and told her it was for something else or wether he forged the signature.
I have taken out a lot of loans over the past few months and repaid them etc and I have never been phone called.
Actually a lot of the loans I've taken out havnt even required me to sign a document lately.
An application form and a "tick here to agree" signature is all it takes these days.0
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