Failed IVA

[PlanB]

Re: Failed IVA

I thought it was from the last payment I made to DFD not when they decided to send me notification of failure.

The statute barred issue is a different matter from your CRA file blemish.

You said in your first post that this debt was being chased by Drydens Fairfax solicitors, presumably their letters are being sent to your current address or you wouldn't know that since you moved from your old address (where the IVA was being administered) in 2010.

Following your complaint to Noddle about ttc's default marker they contacted them on your behalf. Their (ttc) response was to say that they bought the debt in 2012 so presumably all correspondence from them (NOA etc) will have gone to your old address which you vacated in 2010.

I can only guess that in the absence of any replies from you (whether you'd got the letters or not) they've escalated the account to Drydens Fairfax solicitors who've traced you to your new address (or are Drydens Fairfax writing to your old address?).

Once Noddle contacted ttc to tell them you had disputed the entry they (ttc) would have opened the file and had a look inside. Hopefully they will have seen the debt was subject to an IVA which failed in 2009 due to you not making payments after March 2009.

If any renewed action on the debt is triggered by Noddle's 'tip-off' that you're alive and kicking then let us know.

I would send a SAR to the IVA company to be certain it's SB (I bet it is) so you've got the ammunition you need if Drydens Fairfax get nasty on behalf of ttc - or any other creditor included in your IVA which may crawl out of the woodwork in future.

Plan B x

[PlanB]

Re: Failed IVA

I don't know where to go with the default now either as tti are refusing to remove it from my file. Maybe I should just wait it out until January

Do you need to have the default removed from Noddle? Has it prevented you from renting the property you were hoping to move to? Are you planning to raise new credit before next January when it will fall off the file anyway?

Rental agents use Call Credit (same resource as Noddle) only to check for electoral roll information in regards to the usual routine identity checks. (Landlords are now legally liable for their tenant's status under the new 'Right to Rent' legislation.)

The rental agent shouldn't/doesn't have access to your full (financial) account history so won't know of the default.

Plan B x

[panther12]

Re: Failed IVA

If a default date registered at the CRA for a debt that was included in an IVA is dated after the commencement of the IVA then the default date should be aligned to match the date of the IVA - as per post #40 "If evidence of the insolvency date is provided, the default date recorded at the CRA will be aligned." If you haven't got the paperwork or proof that the debt was included in the IVA then you could do what PlanB says above and SAR the IVA. It'll kill 2 birds with one stone as you should then get the proof to show the debt was included in an IVA to get the default date aligned and removed from the CRA and confirmation of exactly when last payment was made.

[Supergrover]

Re: Failed IVA

I thought it was from the last payment I made to DFD not when they decided to send me notification of failure. I don't know where to go with the default now either as tti are refusing to remove it from my file. Maybe I should just wait it out until January

[Supergrover]

Re: Failed IVA

I paid monthly at the end of each month, either Feb or March 2009 was my last payment. From then I had a couple of telephone conversations with them which were all fruitless, and was never sent any paperwork at all. As far as I am aware no break was requested. They never sent me any further paperwork from the date it all went through and I started to make payments. In the end I moved house in 2010 and forgot to inform them, as I had heard nothing in over a year. I do still have the same email address and they've made no attempt to contact me via email. The default isn't due to come off until next year.

[PlanB]

Re: Failed IVA

I was concerned the last payment from DFD to creditors may have been made a lot later than my last payment to them. . . .

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.

When you stopped paying your IVA provider did they issue you with a "Certificate of Termination" and if so when?

If your last payment to your IVA provider was April 2009 then your debts may have become SB in May 2015 (assuming you were paying them on a monthly contract) but it could have been some months later if the IVA contract wasn't terminated and negotiations were ongoing (acknowledging the debts on your behalf as your agent).

I think a lot may depend on the terms of your IVA contract.

Even when you stop paying there are legal formalities which continue. You should be served with a Notice of Breach (a bit like a DN) and then depending on your response, or nonresponse, the IVA provider is likely to call a meeting of the creditors to discuss the next steps. All this can prolong your IVA which is a legally binding contract.

Some information here:

http://www.harringtonbrooks.co.uk/support/iva/default

Some IVAs have a clause allowing you to take a six month break to get back on track particularly after redundancy or some other interruption in your financial circumstances. This would leave the IVA 'live' which in turn could impact of the SB "acknowledgement of a debt" for SB purposes. Did your IVA provider ask your creditors if you could take a break, and did they agree to this?

You really need that SAR from DFD to give you peace of mind.

The reason there are no defaults (except one) showing on your credit file is because these debts were all defaulted longer than six years ago, but that has nothing to do with being SB.

Plan B x

[PlanB]

Re: Failed IVA

I've now read back through your thread and can see you only have one default on your credit file which is five years old so it's highly unlikely that this will have a negative impact on your ability to take on a rental property. All the agent/Landlord will care about is your current situation. If you are in employment then you should have no problem.

As for the statute barred issue, the date for the last payment will run from when the IVA company paid your funds over to the creditors not from when you paid funds to the IVA company to distribute to your creditors on your behalf. This is because the IVA company were acting as your authorized (by you) agent at the time.

I've had the same problem with a DMP provider who didn't pay over my money until three months after I had paid them. This has prolonged my SB date.

Why not send a SAR to the IVA provider so you'll know for certain when they forwarded your money to your creditors, and when they last acknowledged the debt on your behalf (as your agent).

On the assumption the IVA company didn't take two years to pass on the money it would seem that this ttc debt is SB as with all the others.

Plan B x

[PlanB]

Re: Failed IVA

Ive just applied for a short term rental property to get into the area I want to buy in, however I've just found out that their credit checks are done with callcredit so looks like I won't get the property and will also lose the fees. Any ideas how I can get around this? Ideally I don't want to be left with nowhere to live

Supergrover.

I'll admit I've not been following your thread because IVAs are not my speciality.

However I now see you may have a spinoff problem with renting a property so let me read back through your thread and reply in the morning.

A quick question: would you be in a position to pay any of the rent upfront? That should overcome the problem in an instant.

Plan B x

[Pixie]

Re: Failed IVA

Hi Supergrover. I'll flag up your last two posts so that someone may be able to give you an answer. I'd only be guessing.

[Supergrover]

Re: Failed IVA

Ive just applied for a short term rental property to get into the area I want to buy in, however I've just found out that their credit checks are done with callcredit so looks like I won't get the property and will also lose the fees. Any ideas how I can get around this? Ideally I don't want to be left with nowhere to live

[Supergrover]

Re: Failed IVA

Thank you, I'm not sure of the exact details as it was so long ago. I'm hoping I have kept some of the documents somewhere. It shows the date of default as Jan 2011, which is almost 2 full years after the last payment made into the IVA, 3 years after the start of the IVA

I havent ant been able to find my original paperwork. Can anyone advise me where I should go with this now?

[Supergrover]

Re: Failed IVA

Thank you, I'm not sure of the exact details as it was so long ago. I'm hoping I have kept some of the documents somewhere. It shows the date of default as Jan 2011, which is almost 2 full years after the last payment made into the IVA, 3 years after the start of the IVA

[panther12]

Re: Failed IVA

According to the ICO "Principles for the Reporting of Arrears, Arrangements and
Defaults at Credit Reference Agencies"

In normal circumstances lenders will be notified when the debt that is owed to them is to be
included in an insolvency e.g. bankruptcy, IVA or similar and should be marked as included
in that by filing a default as soon as is practical.
The default date must be consistent with that of the CCJ/bankruptcy or IVA; therefore a
default should be filed as being no later than the date of the insolvency order. In
circumstances where the lender is not immediately aware, the default can be filed at that
point in time. If evidence of the insolvency date is provided, the default date recorded at the
CRA will be aligned.
If a default has already been filed and a CCJ or other insolvency or similar is subsequently
registered, no further action is needed.

According to the above the default date should be no later than the IVA start date. Do you have a copy of the iva order.

[Supergrover]

Re: Failed IVA

Yes it was which started early 2008 and the last payment I made was Feb/mar 2009. Not really sure where to go to get it removed now, or if I can

[panther12]

Re: Failed IVA

Was this account included in the IVA? Wait for someone else to comment but if it was then I'm fairly sure that the date of default cannot be after the IVA commencement date.