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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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our daughter in debt due back injury at work in a NHS carers

Resolved Question:

our daughter in debt due back injury at work in a NHS carers job e
was put off after a year when Occy health specialist said she would never work again, got back to work with £19000 salary, so took out an IVA deal for the debt was told by the they were gov backed she collapsed on Xmas eve 2013 taken to Pet district hosp where they found she has masses of clots in her lungs .medication failed to clear them and due to money problems had to stop the TVA payments ,family had been paying most of her bills to save her losing her house ( she is a single parent) ,but now has had to sell it as she cannot climb stairs and no downstairs loo we are pensioners and have taken out no interest loans of £4000 and still paying out she has had ssp only since nov and she owes our family over £15000 and will have £13000 from the sale so after getting a GF flat to go to after a 10 hour op at Papworth has to go on to benefits has to put dowm £3650 for 6 months to secure , will pay us what she can but the IVA have a restriction on the house , when they received the letters in AUG re her health they wrote to her saying they said had finished with her are they within their rights to as with the big change in her circunstances
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : What is it you want to achieve ?
Customer:

do the IVA have the right to hold up the sale of her house now the circumstances have changed she did not want to sell her house but cannot climb stairs etc due to a chronic illness, Pulmary hypertention has an 8 to 10 hour op on 24th Mar in Papworth ,will be in for 2 weeks min and has a G F flat lined up for 13th Mar and will be on benefits ,none of which has been sorted yet and family have been paying her bills for her and we are in debt ourselves through it but the IVA trying to prevent her paying us back due to her agreement made when she was on a high salary which she paid them till the illness struck, they are trying to get some of the money from the sale but the family bills are more than what she has made from the sale, so we will only get part back, as she needs 6 months payments up front and needs this flat which is near to our home after the op, which will not cure her, its a severe strain on the heart the surgeon said but may give her a few more years so needs to sort the sale and settle in the flat before the op , but is being held up by the IVA , the solicitor has sent our bills to them and she is having problems getting them to respond , they knew the situation in Aug and wrote to her saying, they had finished with her due to her health but had put a restriction on selling her house , which she did not want to do that's why we have been paying the bills and arrears up so she did not lose it, but her illness changed everything, she will have no money left after paying us back , and since Nov has had only 2 payment from social of £100 and £88 and no SSP due to mistakes by her workplace wages and by the social we are pensioners and as well as the loans have paid her over £1000 since Nov for bills and living expenses ect and it is still going on now, what can we do about the IVA stalling the transfer as we have no downstairs loo and steep stairs we need to get this flat, sorted and the IVA as well , sorry if have not explained this well as so much has gone on, she was in Papworth for the op yesterday but as she was ready to go down they had an emergency so we had to go and return her back home where she is living in the lounge

Alex Watts :

If she agreed to sell the house to release funds then whilst it is not the sale they can enforce, it is in terms of funds.

Alex Watts :

If she does not make the payments as required by the IVA then it will be breached.

Alex Watts :

The IVA can then be stopped and the creditors can continue to prusue

Alex Watts :

The IVA wont normally have a restriction on the house for selling it, unless she agrees.

Alex Watts :

It is only when you go bankrupt would a restriction normally be put on a house

Alex Watts :

So they can't stop her selling it if she wishes

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

thanks for that in Aug she got a letter saying they were finished with her as she could not pay and handed it back to the creditors, they had a meeting with the creditors and she has not heard anything since then from them till the person at Sharman and Quinney found out about the restriction ,she did say that they could not stop her payments to us,and wanted letters of confirmation for them and they were sent, they asked if the house sale be delayed till March for some reason to do with PPI money from the creditors we were told , but each time my daughter spoke to them gets different stories ,said she could pay us back but could not buy furniture ( wardrobes ) they would be entitled to that money because she had furniture already that sort of thing. our problem is if the sale is not sorted soon she may lose the flat which is only 3 odd miles to us so you are saying they cannot put a restriction on the sale

Customer:

But can they take the money she has made on it. money which she owes us ( which is all of it really), but we are giving back the deposit she needs and all she needs to get settled

Alex Watts :

Ok, I dont understand what you need clarification on? My fault I am sorry

Customer:

the IVA said at one time if she sells the house they would take any money she made on it

Customer:

sorry Alex have to go daughter has a drs app

Alex Watts :

Yes.

Customer:

thanks speak later

Alex Watts :

That is right, the IVA can take the money she makes on it because its part of the IVA agreement

Alex Watts :

But if she breaks the IVA then they wont be entitled to further payment

Alex Watts :

Does that clarify?

Customer:

this morning after my daughter rang the IVA re her illness etc her solicitor has to send confirmation letters and they will withdraw the restriction,so situation may be resolved and she has given them an hour to respond so hopefully it mays be resolved

Alex Watts :

Great news!

Customer:

thanks for the info as situation to you has not been very clear

Alex Watts :

That is really good.

Customer:

thanks James

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