Husbands IVA

welleboot

Hi can anyone help me please.
After racking up countless debts in his own name my other half decided to go foe an IVA. Although he was convinced that it was the best thing to do I was unsure as at the time his name was still on the JOINT bank account. I did ask him to make sure that nothing could bounce back on me as the debts were not mine. He assured me that he had been assured that all money was being paid by the IVA and I was in the clear. I now find myself in a situation where LLoyds bank are pursuing me for his debts and threatening me with a CCJ and contacting my work to collect the money. As far as I can recall I never signed anything for his bank loan so why am I being chased? Any help anyone can give me will be very welcome as the company who sold him the IVA have now said that they told him this would happen before he signed anything.
Cheers Welleboot

RAS

You seem tyo have issues with two accounts?

A bank account and a loan?

Is that correct?

welleboot

Yes we had a joint bank account but as far as I am aware he had the loan in his name only.
I say had a joint account because he decided to leave for a while but never got around to removing his name from the account even when he got one of his own. Incidentally when he opened his own account he had the loan transferred over to his new account and I had no dealings with it whatsoever.

RAS

So which account(s) are they trying to get you to pay?

welleboot

The bank loan

welleboot

They are saying that even though it has been agreed by the chairman etc they can still legally pursue me for the full amount because my name is on it. Even though my husband says that I didn't sign anything.

RAS

The loan which you thought was in his name only?

OK, so we do a CCa request on this and see what comes up.

You would be better off on the main DFW forum. Will keep posting here (back in a mo) but can you pm fermi or MrsTine and ask them to move your thread accross?

RAS

original CCA request letter

This goes out to the bank with a £1 postal order, regsitered post. You can then track both the letter and the payment.


Quote:
Dear Sir/Madam

Re:− Account/Reference Number 4563210025897412

I do not acknowledge any debt to your company.

With reference to the above, we would be grateful if you would send us a copy of this credit agreement, statement of account and notice of assignment.

We understand that under the Consumer Credit Act 1974 (Sections 77−79), we are entitled to receive a copy of our credit agreement on request. We enclose a payment of £1.00 which represents the fee payable under the Consumer Credit Act.

We understand a copy of our credit agreement should be supplied within 12 working days.

We understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

We look forward to hearing from you.

Yours faithfully

Print your name do not sign it

RAS

welleboot wrote: »

They are saying that even though it has been agreed by the chairman etc they can still legally pursue me for the full amount because my name is on it. Even though my husband says that I didn't sign anything.

Am getting more confused?

Is this a business debt?

If so, it could never be in an IVA anyway.

welleboot

sorry I'm a bit new to this who do I ask to transfer the message?

welleboot

No it was a personal loan