IVA - what happens to Joint loans???

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Comments

  • Richard_S
    Richard_S Posts: 4,432 Forumite
    newlywed wrote: »
    Yeah OH never realised the full implications of a joint loan. His ex convinced him it was a good idea and then shortly afterwards did a bunk with an 18 year old.

    Unfortunately, this loan thing was always going to be "messy", just didn't realise the extent.

    So what does happen if the IVA fails and she gets made bankrupt?

    And is there any way we can find out what terms have been negotiated with this debt on the IVA? The ex wouldn't even admit she was on an IVA the debt collection agency let slip!!!

    There's no good news here newlywed. If your O.H's ex pays say 30p in the £1 they'll look to your O.H for the remaining 70p in the £1, they don't look at the debt as 50/50 split. If the ex ultimately goes bankrupt then they'll look to your O.H for the remainder of the total outstanding balance.

    I think you'd struggle to find out what the terms are given the current obsession with data protection; it's possible they might given that your O.H is implicated in the loan. You'll be able to find who's administering the IVA by looking on the Insolvency Service's web site.

    Richard
  • newlywed
    newlywed Posts: 8,255 Forumite
    Name Dropper First Post First Anniversary
    Thanks very much for your help.

    We aren't trying to get out of paying, but just trying to find out what the situation is likely to be.

    Thanks for the advice. ;)
    working on clearing the clutterDo I want the stuff or the space?
  • Bollinge
    Bollinge Posts: 84 Forumite
    First Anniversary Combo Breaker
    How much is involved, and how far back does it go?

    Debt collectors are most reluctant to go to court, or even come round your house. That all costs money. It's much easier and cheaper to intimidate you by phone or letter.

    The original lender has most likely written the money off, and sold the debt on to a debt collector for so many pence in the pound. That debt collector may then sell it on again to another debt collector. Sometimes these debts change hands six or seven times like pass the parcel.

    Anyway, there is a chance that the new "owners" of the debt may be prepared to settle for a fraction of the sum outstanding, especially if it gives them a profit without having to do very much.
  • newlywed
    newlywed Posts: 8,255 Forumite
    Name Dropper First Post First Anniversary
    I'm not sure how far it goes back - at least 4 years (when she left). It has only been with collection agency since the end of last year. OH has been paying them since December.

    Just done the search. Didn't realise it gave so much information so easily ;) Looks like she's done a joint one with her new OH. Funny really since 10 months ago she was boasting how they'd bought a new car and "didn't owe anyone any money" (she obviously forgot about this one - and more if they've done a joint one)!!!

    Unfortunately we don't have any lump sum to pay this off, and don't have enough credit rating to be able to get a lump sum :(
    working on clearing the clutterDo I want the stuff or the space?
  • Richard_S
    Richard_S Posts: 4,432 Forumite
    Bollinge wrote: »
    How much is involved, and how far back does it go?

    Debt collectors are most reluctant to go to court, or even come round your house. That all costs money. It's much easier and cheaper to intimidate you by phone or letter.

    The original lender has most likely written the money off, and sold the debt on to a debt collector for so many pence in the pound. That debt collector may then sell it on again to another debt collector. Sometimes these debts change hands six or seven times like pass the parcel.

    Anyway, there is a chance that the new "owners" of the debt may be prepared to settle for a fraction of the sum outstanding, especially if it gives them a profit without having to do very much.

    I agree with all that Bollinge but my understanding was that the debt was included in the ex's IVA which would effectively exclude any "doing deals".

    Newlywed, was the loan unsecured?

    Richard
  • newlywed
    newlywed Posts: 8,255 Forumite
    Name Dropper First Post First Anniversary
    Yes unsecured. Neither are home owners.


    Edit: he's rung one of the agencies who claim they will send him a card and are happy to continue with the current payments for the time being.
    working on clearing the clutterDo I want the stuff or the space?
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