Sue from Brighton asks 'Will my husband's motobility car be affected by an IVA?' I'm not sure whether Sue means her IVA or her husband's IVA, but I will attempt to answer both nonetheless. Firstly, if it's your IVA and your husband has a motobility car, there's nothing to worry about, it doesn't belong to you and an IVA is personal to the individual. In this case, the car is entirely safe. Even if you are the registered driver, your IVA does not affect the car as it is not your property.

If your husband needs to make an IVA and has a vehicle through Motability, the car is unaffected. The reason for this is that the contract for the car is not related to his credit worthiness or any credit agreement; it is related to the allowance that is given to your husband for his disability. Under no circumstances can the car be repossessed unless the government stopped paying the allowance for you. For this reason, it is untouchable by any creditor as technically the car is leased for you through Motability. However, make sure that the total cost of running and maintaining the vehicle are included in any IVA proposal that is put to the creditors by your Insolvency Practitioner as this is a valid and legitimate expense that needs to be met without fail. Obviously costs that aren't met by you or your husband for the vehicle cannot be included on the proposal, such as road tax etc.

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