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  • FIRST POST
    • sean9461
    • By sean9461 19th Jun 17, 4:55 PM
    • 149Posts
    • 10Thanks
    sean9461
    Fraudulent IVA
    • #1
    • 19th Jun 17, 4:55 PM
    Fraudulent IVA 19th Jun 17 at 4:55 PM
    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
    Last edited by sean9461; 19-06-2017 at 5:20 PM.
Page 1
    • sean9461
    • By sean9461 20th Jun 17, 11:02 PM
    • 149 Posts
    • 10 Thanks
    sean9461
    • #2
    • 20th Jun 17, 11:02 PM
    • #2
    • 20th Jun 17, 11:02 PM
    Bump - anyone able to offer advice?
    • sourcrates
    • By sourcrates 20th Jun 17, 11:16 PM
    • 11,883 Posts
    • 11,391 Thanks
    sourcrates
    • #3
    • 20th Jun 17, 11:16 PM
    • #3
    • 20th Jun 17, 11:16 PM
    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 Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • sean9461
    • By sean9461 21st Jun 17, 1:54 AM
    • 149 Posts
    • 10 Thanks
    sean9461
    • #4
    • 21st Jun 17, 1:54 AM
    • #4
    • 21st Jun 17, 1:54 AM
    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 ago
    • sean9461
    • By sean9461 21st Jun 17, 1:55 AM
    • 149 Posts
    • 10 Thanks
    sean9461
    • #5
    • 21st Jun 17, 1:55 AM
    • #5
    • 21st Jun 17, 1:55 AM
    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 area
    • sean9461
    • By sean9461 21st Jun 17, 1:57 AM
    • 149 Posts
    • 10 Thanks
    sean9461
    • #6
    • 21st Jun 17, 1:57 AM
    • #6
    • 21st Jun 17, 1:57 AM
    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 hers
    • sourcrates
    • By sourcrates 21st Jun 17, 9:03 AM
    • 11,883 Posts
    • 11,391 Thanks
    sourcrates
    • #7
    • 21st Jun 17, 9:03 AM
    • #7
    • 21st Jun 17, 9:03 AM
    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 Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • sean9461
    • By sean9461 21st Jun 17, 10:06 AM
    • 149 Posts
    • 10 Thanks
    sean9461
    • #8
    • 21st Jun 17, 10:06 AM
    • #8
    • 21st Jun 17, 10:06 AM
    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?
    • Potbellypig
    • By Potbellypig 21st Jun 17, 2:16 PM
    • 118 Posts
    • 51 Thanks
    Potbellypig
    • #9
    • 21st Jun 17, 2:16 PM
    • #9
    • 21st Jun 17, 2:16 PM
    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?
    Originally posted by sean9461
    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.
    • sean9461
    • By sean9461 21st Jun 17, 11:33 PM
    • 149 Posts
    • 10 Thanks
    sean9461
    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.
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