IVA Help Please

JamesBB_2

Hi everyone

I'm new here to this site and desperate for some help, this is a rather long and confusing story but im hoping someone will take the time to read and help me.

My IVA began on the 16th of October 2007, at that time my marriage had also broke down (my ex-wife was originally on the IVA as a joint IVA however when i left the marital home the supervisor told me she could no longer be included in a joint IVA) so I took on all the debt in my name. In 2009 we were divorced and her new partner moved into the property in 2010 she remarried. My name is still on the mortgage for the property that she lives in with her new husband and my half of the equity in the property is tied up in the IVA.

For the past 2 years I've had a solicitor trying to get my half £29,000 from my ex wife so that I could pay this as Full and Final, to enable me to have a fresh start and be debt free, however my ex-wife has used every excuse in the book not to be able to raise the funds and she has gone thru two different solicitors in the process. :mad:

A few weeks ago I recieved a letter from my solicitor telling me they no longer deal with legal aid (which i was receiving) and therefore could no longer act for me... So after 2 years of fighting to get my equity from the property to pay off the IVA I am no nearer. I have contacted my IVA supervisor who seems very unhelpful, everytime I ask for advice i'm fobbed off with "i need to discuss your case with my manager" then last wk when i asked if he'd spoke to his manager, he said he needed to speak to another supervisor and would get back to me today, I emailed him this afternoon as i'd heard nothing and got an immediate out of office responce until next week!!!
I am at a loss what to do, I took on all the marital debt in my own name, I instructed a solicitor to get my equity to pay off the IVA I've asked my supervisor to call a creditors meeting so that I can discuss the situation with them and see what they suggest with regards to the property, but like I said my supervisors just seems to fob me off with "i'll get back to you" excuses.

I should also add in the original paper work on some of the documents it states my IVA is for 60 months and then on other pieces it states 72 months, also it states that in the final year should I not be able to release the equity the IVA could be continued for up to a maximum of 12months, however when I asked my supervisor if this would be an option for me he said No, the creditors will want the money from the house?? i'm so confused.

I have been looking around this forum today and I'm really hoping someone can help me some way. Please.

milliemonster

JamesBB wrote: »

Hi everyone

I'm new here to this site and desperate for some help, this is a rather long and confusing story but im hoping someone will take the time to read and help me.

My IVA began on the 16th of October 2007, at that time my marriage had also broke down (my ex-wife was originally on the IVA as a joint IVA however when i left the marital home the supervisor told me she could no longer be included in a joint IVA) so I took on all the debt in my name. This seems strange, there is no such things as a joint IVA but IVA's can be interlocking, they can be separated and work independently in the case of people splitting but there is no way once you were both bound by an IVA that your wife would be freed from it and you take on all the debt in the IVA alone, this just wouldn't happen. In 2009 we were divorced and her new partner moved into the property in 2010 she remarried. My name is still on the mortgage for the property that she lives in with her new husband and my half of the equity in the property is tied up in the IVA. Have you been contributing to the mortgage since then?

For the past 2 years I've had a solicitor trying to get my half £29,000 from my ex wife so that I could pay this as Full and Final, to enable me to have a fresh start and be debt free, however my ex-wife has used every excuse in the book not to be able to raise the funds and she has gone thru two different solicitors in the process. :mad:

A few weeks ago I recieved a letter from my solicitor telling me they no longer deal with legal aid (which i was receiving) and therefore could no longer act for me... So after 2 years of fighting to get my equity from the property to pay off the IVA I am no nearer. I have contacted my IVA supervisor who seems very unhelpful, everytime I ask for advice i'm fobbed off with "i need to discuss your case with my manager" then last wk when i asked if he'd spoke to his manager, he said he needed to speak to another supervisor and would get back to me today, I emailed him this afternoon as i'd heard nothing and got an immediate out of office responce until next week!!! You need to demand an appt to speak with your insolvency practitioner
I am at a loss what to do, I took on all the marital debt in my own name, I instructed a solicitor to get my equity to pay off the IVA I've asked my supervisor to call a creditors meeting so that I can discuss the situation with them and see what they suggest with regards to the property, but like I said my supervisors just seems to fob me off with "i'll get back to you" excuses.

I should also add in the original paper work on some of the documents it states my IVA is for 60 months and then on other pieces it states 72 months again this doesn't make sense, what does it state in your original proposal? that is what matters, also it states that in the final year should I not be able to release the equity the IVA could be continued for up to a maximum of 12months, however when I asked my supervisor if this would be an option for me he said No, the creditors will want the money from the house?? i'm so confused. Well yes of course they would want money from the house as it's £29k which would be much more than a further 12 months payments but realistically this doesn't seem to be possible so I am sure your creditors will accept a further 12 months payments, without a court order forcing your ex to sell up there is not a lot else you can do regarding that, but if you have been in your IVA since Oct 2007, you usually have to address equity at month 54 which surely must have passed by now as your 60 months is up in Sept?

I have been looking around this forum today and I'm really hoping someone can help me some way. Please.

I've tried to advise as above

JamesBB_2

Thank you MillieMonster

I'm sorry i dont think i explained myself very well.. with regards to the first point you made about the joint IVA I think i've got confused because we were married and living together when we embarked on the IVA and payments were made from our joint bank account I saw it as a joint thing. sorry for the confusion there my mistake.

I contributed to the Mortgage until 2010 when she remarried.

I'm going to request an appointment with my IP as soon as he is back in office.

Thank you for taking the time to reply to me today, I really appreciate it.

JBB

cheapround

Your situation seems a bit tricky, sorry I am unable to help but wish you luck with sorting the matter out.