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I would appreciate any advice that can be given,

 

I have been in debt management plans for over a decade first with the cccs for six years where my debts steadily increased

because they kept being sold on even though I paid consistenly then I had a break for a few years where I tried to manage them myself and finally with an IVA.

 

I am now selling my house to finally pay off the IVA which I was unable to maintain mainly because I was not able in the last few years

to get consistent employment and could not afford the payments

and of course I have fallen behind on the mortgage.

 

If I had maintained the IVA I would have paid another 25K as it is I have to pay 100% of my share of the equity which is around 42K.

 

My one crumb of comfort is that I had emailed Payplan to ask that the estate agents fees and solicitors fees come out of my share

rather than the wifes which they seemed to have agreed to.

 

My solicitor had also agreed to this but has apparently now spoken with Payplan who say no such agreement is in place,

even though I had previously emailed all the correspondence from Payplan to the solicitor.

 

What the solicitor now wants is an email stating the agreement from Payplan rather than just the previous agreements to my sent email.

 

The one good thing the solicitor has done is to get the restriction on the sale lifted

and we have a buyer and all being well should complete in the next month.

 

But it does seem a little unfair that although the sale is going through because of my debts

my wife should be penalised I was wondering what the law is on this

and whether the whole of the fees should not automatically come from my share.

 

Also if I was to now not agree and let the IVA fail would all the money now automatically be credited to my account

and the creditors have to make new agreements with me as the restriction has been lifted and they cannot presumably stop the sale.

 

 

Any thoughts on this much appreciated

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