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Husbands IVA

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  • RAS
    RAS Posts: 35,543 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    welleboot wrote: »
    No it was a personal loan

    So what is the reference to the chairman.

    Will pm fermi and Tine for you.
    If you've have not made a mistake, you've made nothing
  • The chairman of the IVA board when it was agreed.
  • RAS
    RAS Posts: 35,543 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ok

    Can you please send the letter in post 8 above.

    If your signature is not on the Consumer Credit Agreement, then they cannot make you pay.

    So we need to see the document. They have 12 working days plus 2 in which to return the CCA and whilst they have the request the account is in limbo.

    have asked Tine to move you so you may find you are on DFW when you come back.

    I have to go in 5 minutes.
    If you've have not made a mistake, you've made nothing
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    And like magic...
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • RAS
    RAS Posts: 35,543 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    thanks Tine

    Got to go.
    If you've have not made a mistake, you've made nothing
  • RAS
    RAS Posts: 35,543 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    I think what may be happeing here is

    mr welleboot has personal loan in own name and joint bank account with mrs welleboot.

    mr welleboot signs up for IVA but leaves joint account open.

    Bank decides to offest personal loan against joint bank account.

    They then chase Mrs weelboot for whole sum because she is liable for the joint account?

    Anyone have any idea if they can do this?
    If you've have not made a mistake, you've made nothing
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    I think they can take the payments out of the joint account yes - so long as Mr W is on it. The sensible thing would have been to close the joint account first - but 20/20 hindsight is a wonderful thing. I would contact the IVA provider or CAB etc and find out if there is anything specially governing IVAs and taking payments from joint accounts... Although I think really the IVA provider should have ensured the joint account was closed off first... but hohum :)
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • Nargleblast
    Nargleblast Posts: 10,763 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Debt-free and Proud!
    If the loan was a joint personal loan then both parties would have signed the agreement and both would have copies of the paperwork. Suggest you take whatever bank account paperwork you have into the CAB to peruse. Would suggest, before your personal credit record is blackened, you withdraw your cash out of there and open an account elsewhere in your sole name - somewhere that Mr W does not have debts with. The joint account can then be transferred into Mr W's sole name.
    One life - your life - live it!
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