Joint Loan Ex Partner (IVA)

IVAjointloan

Hi

I am hoping you can help me on my situation...

Today I have been bombarded with streams of messages from my EX Partner (via Facebook) regarding a loan of 12k that was jointly signed for. We have been split up for over 3 yrs, i have been on the IVA for 1 yr.

She has been contacted in the past regarding payment and she has ignored it, now more letters have came from a debt collection agency and she is contacting me demanding i pay, as it is my debt.

Finally she has stated that she will comie to my parents house to ask them to pay.

I have kindly informed her that she needs to contact the creditors and set up an arrangement as I have done through the IVA.

I need to know where i stand legally with her, the IVA company have said that there is not comeback on me, as effectively, she is now acting like a creditor and they can issue a letter stating for her to refrain from contacting me.

My Parents i will deal with myself.

I can completely understand it is very frustrating for her, however there is nothing more i can do to help her.

Can you please shed some light on this?

Thanks
Lyndsey

fermi

You don't owe her anything. She cannot do anything against you in a legal sense.

The only person who can is the creditor, and you are protected from that by your IVA. End of.

She may not like that situation, but there is burger all she can do about it apart from be a nuisance.

She is obviously liable for the loan, so that is her problem to sort out with the lender in whatever way she can.

IVAjointloan

I can fully understand her frustration, however going to my parents to ask them to pay is embarrassing for her....

Now I just have to deal with them i guess.

I have been helpful in regards to contacting creditors to see how to resolve the situation, however she has been ignoring their requests for contact.

She was saying that she would set up an agreement for me to pay her cash, she doesnt understand I am already paying the debt through the IVA

thank youfor your reply

fermi

IVAjointloan wrote: »

She was saying that she would set up an agreement for me to pay her cash, she doesnt understand I am already paying the debt through the IVA

She doesn't know about the IVA, or doesn't understand what it means for you and your payments?

You are in a legal insolvency arrangement, and cannot make payments outside that or via her instead.

She is just going to have to come to terms with that. And the fact that whether she likes it or not, as she is joint signatory on the debts then the creditors can come after her regardless of your IVA or payments.

IVAjointloan

She doesn't understand that I am paying back the loan. The last thing she stated was that she will go into the arrangement to pay back the loan, IF i paid her £100 per month.

Then she said about coming to my parents house and asking them to pay it.

I replied for her to do what she felt necessary, however the debt remains with her, not my parents, or myself. Any further correspondence via Facebook/ Text/ Mobile or work calls will be seen as harassment.

I just dont know how i will foot the legal bill for a restraining order.....?

the added stress of having to deal with an abusive ex as well as an IVA is draining....

thanks again for your time

pelirocco

fermi wrote: »

You don't owe her anything. She cannot do anything against you in a legal sense.

The only person who can is the creditor, and you are protected from that by your IVA. End of.

She may not like that situation, but there is burger all she can do about it apart from be a nuisance.

She is obviously liable for the loan, so that is her problem to sort out with the lender in whatever way she can.

legally maybe , but morally?

IVAjointloan

what do you mean?

debtinfo

pelirocco wrote: »

legally maybe , but morally?

Why, whats the current going rate for morality?

Gimpsdad

If you were run over by a bus, your ex would be liable for 100% of the remaining balance. The same is true in your IVA, she is liable for 100% of whatever is not paid back through your IVA, so therefore it follows that, unless you pay back 100% of the debt through your IVA, which is statistically unlikely but not impossible, the creditor in question will chase her for the balance as it stands.

Opinions are important to individual parties, but legally that is where you stand.