Posts Tagged ‘creditors’

Do I Have to Include My Partner's Income When I Apply for an IVA?

Tuesday, April 26th, 2011

If you are applying for an IVA and are living with a partner or spouse, we consider whether you need to include your partner’s income in your income and expenditure budget.

If you are living with a spouse or partner and you are applying for an individual voluntary arrangement (IVA), you will have to declare your partner’s income.

Your creditors will require information firstly to make sure that the amount you are proposing to repay them in the IVA (your disposable income) is calculated fairly based on you paying your fair share of the household expenses.

Your creditors will assess your disposable income by considering what percentage of the total household income you generate. They will require you to pay no more of the household expenses than is fair based on this percentage.

For example, if you generate fifty percent of the income, your creditors will expect you to pay for no more than fifty percent of the joint household expenses.

If you were to pay more than fifty percent in this example, your creditors would argue that your partner was not contributing a fair amount towards the household costs. This would depress the amount you have available for paying into your IVA and it would be unlikely that your creditors would reject the IVA proposal.

Should your partner pay towards your debt?

If all of the debt you want to include in your individual voluntary arrangement is in your name alone, you will perhaps argue that your partner should not have to contribute towards paying back these debts.

However, generally speaking your creditors will argue otherwise.

They will say that even though the debt is in your name, it is likely that both you and your partner have benefited from the expenditure.

For this reason they will normally only accept your IVA application if the amount you propose to repay is based on your household disposable income. That is the amount remaining after your total household expenditure is deducted from your total household income.

The only exception to this rule is where you have only just started living together with your partner and you can reasonably argue that they have not benefited from the expenditure and debts that you have built up.

Dealing with your partner’s debt

You can only include debts that are in your name (or in joint names with somebody else) in your individual voluntary arrangement.

If your partner has debts in their name which they are planning to keep paying, they are allowed to do this as long as the payments can be covered by their portion of the disposable income.

Of course, you must ensure that you have added sufficient budget in the household living expenditures to allow these payments to be made.

If not, your IVA payment will be too high and you will not have enough funds to maintain it once your partner has paid their debts each month.

If your partner’s portion of the disposable income is not sufficient to maintain their payments, you will not be allowed to subsidise them as you would be making a preferential payment to your partner’s creditors over and above your own.

In these circumstances, your partner may then have to consider carrying out their own debt management solution such as a debt management plan (DMP) or even starting an IVA themselves.

The easiest way to do this may be for both you and your partner to carry out what is known as interlocking IVAs so that only one payment per month is made based on your household disposable income.

Proof that you are paying as much as you can

Generally speaking, if you want to apply for an individual voluntary arrangement and you are living with a partner or spouse, you will have to declare both your incomes.

This is so that you can prove to your creditors that the IVA payments you are proposing are fair and you are doing as much as you can to repay as much as you can possibly afford.

If you have been together with your partner during the time when your debts were built up, you should also expect your creditors to want your partner to contribute towards your IVA.

This will mean IVA payments based on a household income and expenditure budget.

At the end of the day, an individual voluntary arrangement is a way of paying as much as you can towards your debt in a controlled and managed way. Providing information about your partner’s income and including this where reasonable will help show that you are doing your absolute best to repay what you owe.

Article Source: http://www.articlesbase.com/debt-consolidation-articles/do-i-have-to-include-my-partners-income-when-i-apply-for-an-iva-4673255.html

About the Author

James Falla is a debt adviser from BeatMyDebt.com in the UK. For more quality and unbiased information on Debt Management Plans, visit our website at http://www.beatmydebt.com

How to Become Debt Free Without Debt Management Companies

Monday, April 25th, 2011

If you decided to break up with your debt, you need to do some serious work. You might have already consulted with debt management firms, and they told you about the costs involved. There are many ways you can do the same work they do, and save yourself a bit of money. It is true that it usually takes longer to get rid of bad credit yourself, but it is more cost effective, and the results tend to last. Once you have realized how much harder is it to eliminate bad credit than building it up, you will stay away from temptation more.

1, Face your problem

The first step is crucial, and not many people complete it when thinking about getting rid of bad credit. You need to admit that you do have a problem and it is your fault. Obviously, you can go around trying to find excuses, but in the end of the day nobody forced you to take out credit cards or loans and spend the money.

2, Do not panic

No matter how bad the situation is, you should keep a stiff upper lip and think clearly. You will need your brain later on, so try and see things realistically. Make a note of the most urgent problems. If your account is in collection, you need to deal with it before the lender would go through the legal procedures.

3, Hold a family meeting about credit

Chances are that the bad credit affects more than one person. If you are living in a family, you would have to come clear about the situation. You might have kept up appearances before, and some people might not have any idea of the bad credit problems. To avoid them having too high expectations, you need to involve them. You can brainstorm together to find more ways of solving the situation.

4, Write down your budget

You need to make a note of everything you are spending on: your credit commitments, bills, monthly shopping, and also the take home pay for the family. Compare the two of them to see if there is a negative figure left.

5, Get the balances

Next you need to contact your creditors for settlement figures or balances. Make sure that you are keeping these documents safe.

6, Rate the bills by importance

You have to take out your budget again, and rate the bills by importance. Take the most urgent things to pay out and place them on the top of the pole. Add the due dates to your calendar.

7, Change your budget to save money

Next you need to find ways to save money in order to paying off your bad credit early. Try to switch to cheaper services, check how much waste your family produces and start becoming energy-conscious. Think about switching to public transport if it saves you money, and cancel all the subscriptions for magazines you no longer need.

8, Pay your bills and consolidate

Once your accounts are back on track, you can look for a suitable product to consolidate your debt. There are some low interest bad credit products as well as normal personal loans. Speak to your mortgage lender to see if it is possible to add the amount on your mortgage.

 

 

Article Source: http://www.articlesbase.com/credit-articles/how-to-become-debt-free-without-debt-management-companies-4663308.html

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