Failed IVA

[Supergrover]

I am looking for some advice as I have some old debt from a failed IVA, the last payment I made to the IVA was Feb/Mar 2009, I am just starting to get letters from recovery companies offering "huge discounts". I never heard from the IVA company after my last payment despite asking them for paperwork and have since moved house twice. So I'm wondering how I can find out if the debt is statute barred? I am a full time carer now and am not able to pay this off, and obviously would like to start moving forward. I have also applied for a copy of my credit file recently and am awaiting this from experian, I did get my report from noddle and have a default on there from 2011 which may be one of the debts from the IVA (that has been bought by a recovery company), Unfortunately as there was never any effort from the IVA people to contact me I don't know when this actually failed.

Any help and advice would be hugely appreciated.

[MrsD]

Re: Failed IVA

welcome to AAD

since you are talking about an IVA I am presuming you are in England? in that case it usually be 6 years from the last payment. As you have a default from 2011 are you sure you didn't make any payments in the interim period?

I wouldn't be looking and poking around credit reports as this is usually a flag to the creditors to come and anoy you about this again.

[Supergrover]

Re: Failed IVA

Yes I am in England. I was concerned the last payment from DFD to creditors may have been made a lot later than my last payment to them. I did a credit report in 2010 and there was nothing showing on there at all. I have been getting letters from drydens fairfax with regards to 2 amounts but have not responded as the letters do not state to what accounts it is regarding. I noticed a default that started in 2011 but there is no account number and I am not familiar with the company that is with, but it does say it's been in default since 2011. I have been able to get new credit within the last few years which I use for emergencies, never had any problems. But these things that are now popping up are damaging my file. I thought it was all SB but am now really worried it's not. At latest the last payment I made from my account to DFD was April 2009 as I was made redundant in the early March.

[MrsD]

Re: Failed IVA

what kind of debts were they?

credit cards? overdrafts? loans?

and when were they taken out ?

[Supergrover]

Re: Failed IVA

Bank loan, store card, credit cards and I think a small overdraft. Things like credit for furniture. Unfortunately my OH at the time couldn't get credit so I made the purchases, on the agreement we would pay half each, things went bad he never paid a penny and I got home one day and everything was gone. These were between 2004-2007/8, I entered into the IVA in 2008 which lasted roughly a year until I was made redundant. Turned out he hadn't been paying the things he said he was doing either and I ended up paying his bills and council tax for quite some time when he disappeared, so it's a time of my life I'd really like to not come back if I can avoid it.

[MrsD]

Re: Failed IVA

ok it sounds as if you have woken them up by looking at the CRAs what exactly are the letters saying and have you answered any of them. It may be that they are not sure that you are you and can be phishing, have you phoned or confirmed yourself to them and are you getting calls as well?

[Supergrover]

Re: Failed IVA

I haven't responded to any of the letters, they are basically saying I owe X amount of money and if I call them quoting ref no ..... They will offer me a reduced settlement amount, (these do not show on my credit file). The one on my noddle credit file is different, it has a very old address on it that I lived in 2006/07, and have never had any contact from them a company called tti spc, whom I have never heard of. The letters are from Drydens Fairfax I think.

[Never-In-Doubt]

Re: Failed IVA

Hi - glad you got registration etc sorted. It was me you were emailing earlier

Your debts become SB around a month after the last payment / first missed *contractual* payment +6 years.

So so in your case, it's not so much when the IVA failed (that's irrelevant) but more the last payment you paid into the IVA. What date did you last pay into it and / or communicate with the IVA company (approximately)?

Regardless, i'd not respond to anyone. Silence is probably best right now..... (Will clarify after you've replied).

[Supergrover]

Re: Failed IVA

Thank you for all of your help earlier, I think I may have not filled in the registration form properly. The last payment I made into the IVA was no later than April 2009, and communication ceased I think from the latest of April 2010 however that could have been earlier. Getting a statement or any information from them was like getting blood from a stone, I just gave up in the end. The only payments I have made since then are on my accounts that are actively used now.

Also can I get the defaults taken off my credit report? These look to have been added I think by a company that has bought the debt from whomever several years after my IVA failed and then added it to my CR without contacting me for any payment?

[Never-In-Doubt]

Re: Failed IVA

Hi - ok, can you clarify who is chasing you (the DCA's name). It may be SB - it may not but don't worry too much about that right now as they're just chasing you for payment.

Regards the DN entry at the CRA - again, who added it (DCA name) and what date does it read as default date (date added)?

Is the default entry a duplicate, ie was there previously one added for the same account by the creditor or the DCA who took over when you went on the IVA? If so, this would be an unlawful duplicate.

Is it just one account & one default entry or several?

More info needed please

[Supergrover]

Re: Failed IVA

The letters are from drysden fairfax, for 2 separate accounts, they do not state who they are writing on behalf of, just their ref no. An amount and "call now for a huge discount".

The DN says acc start date 2004 Default date 01/2011 this is with tti spc, whom I've never heard of. And has an acc no. Of 00000000. I def had made no payments to them. It shows as a default every month since 2011.
this is also the only negative on my CF, I'm waiting on my experian report to see if there is anything different. Last time I looked was in 2010 and think this was on my credit file under a different company.

I'm now concerned too about the others adding back to my CF and totally destroying it. I thought I had been doing a reasonable job of rebuilding in order to eventually get a mortgage.

[Pixie]

Re: Failed IVA

I don't think you have anything to worry about. Your debts are SB as it's more than 6 years since you made the last payment into your IVA. Even though debts are SB the dcas can still attempt to collect on them but they can't enforce in court.

Wait until Niddy replies but I think you'll be able to contact the CRA to have the default from tti spc removed if it's a duplicate of an earlier default. The tti spc website gives very little information other than saying that they were established in 2008 and specialise in UK debt purchase.

[Supergrover]

Re: Failed IVA

Thank you, I'll await a response from Niddy.

Have seen so many different things online, I really thought SB timer would start from when DFD made last payment to creditors or advised of IVA failure. Which I have no idea when as they just ignored me.

[Never-In-Doubt]

Re: Failed IVA

I've explained SB. The failure of the IVA is irrelevant in that purpose.

Ill reply later. Just a tad busy right now.

[Supergrover]

Re: Failed IVA

Thanks Niddy, I'm obviously not in a huge rush now you have eased my mind. Take your time