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  • #1

    advice please failed IVA and statute barred

    Hi everyone,
    I took out an iva in jan 2009 but due to redundancy last paypent was in April 2009. The IVA failed court paperwork dated in november 2010. Is the statute barred date from last payment? or from when the IVA failed?
    Nearly all have been removed from my credit file except for one credit card which states default was nov 2011.
    I stupidly contacted noodle to correct this. But am now worried i may have opened a can of worms. As reading on forums that even though debt may be removed from credit file does not mean it is SB. ? Is this correct?
    Any advice information would be great

    thanks in advance
    Tags: account, action, advice, april, card, cause of action, ccj, claim, con, court, credit, credit card, creditors, date, debt, default, failed, failed iva, help, iva, letter, letters, noodle, november, reading, redundancy, statue barred, statute, statute barred, stress, thank you
  • #2
    Re: advice please failed IVA and statute barred

    Hi & welcome

    Don't stress. From your situation, to answer your question, SB occurs from the Cause of Action (CoA) which will be the date the IVA officially "failed" which in your case is Nov 2010 (so SB next November). The default that was added in 2011 won't be causing you much damage and will disappear after 6 years like the others have.

    You're correct in that your Credit Report is irrelevant to SB as SB specifically relies on a CoA which is either default of account / termination / payment / signed letter admitting the debt - whichever naturally occurs first.

    I'd not overly worry. If you get any random letters then let us know.
    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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    • #3
      Re: advice please failed IVA and statute barred

      Thank you. Just confusing as on some forums it says that it is from last payment . Whilst others say last contact/acknowledgement of creditors as techinally they (IP) are acting as your agents ie you.

      I foolishly thought i was free when they dropped off the credit file and presumed were SB. I sent copies of the failed iva to noodle so have kinda proved i was wrong.
      Just worried they have a team that chase during the last 6 mnts as heard of people getting ccjs 1-3 months before SB

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      • #4
        Re: advice please failed IVA and statute barred

        We're one of the better more accurate forums out there

        It's from the cause of action. In your case the date the IVA officially failed.

        You can't just get a CCJ. First a claim must be issued - we can help if that occurs. Try not to worry.
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

        If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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        • #5
          Re: advice please failed IVA and statute barred

          I M O we are the best ,accurate, and honest .xx
          if you do it today and you like it you can always do it again tomorrow

          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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