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Ex-husband had an IVA, the bank are writing to me 4 years later to pay back

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  • Ex-husband had an IVA, the bank are writing to me 4 years later to pay back

    Good evening, I’m hoping someone can help please.

    My ex husband (we split in July) filed for an IVA in 2019. He included the overdraft on the joint bank account.
    I’ve had a letter from the old account stating they closed the account down - without telling me - they’ve admitted that - and I now owe them £1520.83 - they want the money in 2 monthly payments and there will now be CRA on my credit file!
    Where do I stand if the amount was taken into the IVA? I am going to contact them first via email so I have a paper trail and explain this to them.
    Would I still have to pay the amount even though it was taken into his IVA?
    Tags: None

  • #2
    You are jointly liable for a joint account. Your ex may have included it in his voluntary arrangement, but that does not release you from your liability.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      They’re asking me to pay the whole amount back!
      so although the amount was included in the IVA I still have to pay the whole amount back? Is that correct?

      Comment


      • #4
        It is, I am so sorry to say.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Why am I paying back the full amount when it was taken into his IVA?

          Comment


          • #6
            Because you are jointly liable for the full unpaid balance. Your husband's IVA may clear him of liability, but it does not reduce the amount of the unpaid debt, and for that you are jointly liable.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment

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