Failed IVA, very old debt - can I be chased for it.

[Riz]

Re: Failed IVA, very old debt - can I be chased for it.

Sorry, but let me double check I understand that.

If the original creditor has defaulted the debt already and this time (6 years )has passed, then a DCA can't default it again. They can't place a CCJ on my record (without the courts approval).

No. They can't.

[brewster0101]

Re: Failed IVA, very old debt - can I be chased for it.

they can put their name on the default but can't change the date, and its one default per debt, end of.

Sorry, but let me double check I understand that.

If the original creditor has defaulted the debt already and this time (6 years )has passed, then a DCA can't default it again. They can't place a CCJ on my record (without the courts approval).

Is there anything I should really be concerned about?

[MrsD]

Re: Failed IVA, very old debt - can I be chased for it.

they can put their name on the default but can't change the date, and its one default per debt, end of.

[brewster0101]

Re: Failed IVA, very old debt - can I be chased for it.

... it may be worthwhile pointing out that, despite various attempts by the swivel service and the kakistocracy then in power, it is still not quite possible for creditors to issue or "take out" a CCJ by themselves. It still requires a court.

Can't a DCA issue a default though against debt again - even if its already been defaulted.

[CleverClogs (RIP)]

Re: Failed IVA, very old debt - can I be chased for it.

Not sure about forum rules, so I won't post the link...

To protect the guilty?

As well as the other comments about this tiresome twaddle:

'The rules surrounding statute barred debts seem to be murky and unproven. However, my current understanding of the Limitations Act 1980 (which is where the statute barred legislation hails from) is that the clock starts ticking from the time the creditor stated that the debt was in default and demanded full payment. If 6 years has passed but the creditor has made no further attempt to enforce the debt (ie not taken out a further CCJ against you) then the debt becomes statute barred whether a payment has been made towards the debt or not. If a CCJ is taken out, the 6 year clock starts from then again.'

... it may be worthwhile pointing out that, despite various attempts by the swivel service and the kakistocracy then in power, it is still not quite possible for creditors to issue or "take out" a CCJ by themselves. It still requires a court.

[brewster0101]

Re: Failed IVA, very old debt - can I be chased for it.

Thanks for everyone with their input - great help as always.

All these debts I had defaulted a while ago and no longer even appear on my credit file. They all defaulted over 6 years ago, even my failed IVA no longer appears on my credit file. My credit file is actually 100% clean apart from a NEXT account that they set up in error a few years back - but this is down as 100% green / ok and closed.

I am trying to evaluate the risks of putting my name officially on the electoral roll. I am trying to figure if I can just ignore these DCA's even if technically they know for sure where I live.

[Riz]

Re: Failed IVA, very old debt - can I be chased for it.

This post from Paul may also help.

Ok, attached is a case that assists with limitation debates that can arise.

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not. Simple as that.

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

People need to be sure that they arent being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

Swansea_City_Council_v_Glass._-_[1992]_2_All.pdf

[Never-In-Doubt]

Re: Failed IVA, very old debt - can I be chased for it.

See this - and pay attention to the quote from CC ---> allaboutFORUMS - View Single Post - Helmsman UE Diary

[Never-In-Doubt]

Re: Failed IVA, very old debt - can I be chased for it.

'The rules surrounding statute barred debts seem to be murky and unproven. However, my current understanding of the Limitations Act 1980 (which is where the statute barred legislation hails from) is that the clock starts ticking from the time the creditor stated that the debt was in default and demanded full payment. If 6 years has passed but the creditor has made no further attempt to enforce the debt (ie not taken out a further CCJ against you) then the debt becomes statute barred whether a payment has been made towards the debt or not. If a CCJ is taken out, the 6 year clock starts from then again.'

Nonsense, it is from the date of first missed due payment on the account, ie officially the starting point before any action (default) can be taken, so basically within 30 days of your last payment, is when the clock starts. ONLY making admission to the debt (not you as a person, ie SAR request etc) will affect it. Therefore sending a letter in saying I paid my debt back in 2005 IS admittance, as is sending a payment.

Otherwise, start counting 6yrs from the date of the very first missed payment.

[brewster0101]

Re: Failed IVA, very old debt - can I be chased for it.

Right... Update

Got hold of deft free direct today after many phone calls. They officially failed my IVA on the 04.05.2007 - although I am certain I made no more payments after August 2006. Now I also found this on another forum from an advisor to a person with a similar problem.

Not sure about forum rules, so I won't post the link...

'The rules surrounding statute barred debts seem to be murky and unproven. However, my current understanding of the Limitations Act 1980 (which is where the statute barred legislation hails from) is that the clock starts ticking from the time the creditor stated that the debt was in default and demanded full payment. If 6 years has passed but the creditor has made no further attempt to enforce the debt (ie not taken out a further CCJ against you) then the debt becomes statute barred whether a payment has been made towards the debt or not. If a CCJ is taken out, the 6 year clock starts from then again.'

[Never-In-Doubt]

Re: Failed IVA, very old debt - can I be chased for it.

OK - how about culpable?

Perfect

[CleverClogs (RIP)]

Re: Failed IVA, very old debt - can I be chased for it.

Lowells, competent? I'm saying nuffin guv

OK - how about culpable?

[Never-In-Doubt]

Re: Failed IVA, very old debt - can I be chased for it.

I never thought something would lower my opinion of Lowells even father then it already is.

That incompetence is just mindblowing!

Do you know why? yet again, same old mess-up as always, they had around 7 different advisers dealing with it so one was saying X whilst the other was saying Z - polite way of saying the left arm didn't know what the right was doing!

I suppose in a way the fact they (debtors) were sending so many letters in, it was only a matter of time before the poor staff at Lowells got confused. So IIRC it started with Mrs paying over the phone 4 months prior to Limitation kicking in, MR refused this and wrote in after 6 years saying his was SB and they wrote back agreeing, Mrs then wrote in and offered £1750 as F&F as it was Statute Barred and they wrote back accepting it. She paid, they then wrote back thanking her and confirming the whole account was now partially settled and closed. They even removed it from the CRA's (but as it was 6+ years old, it'd have gone anyway)...

So if you are still following, count the errors.....

Lowells, competent? I'm saying nuffin guv

[Riz]

Re: Failed IVA, very old debt - can I be chased for it.

I never thought something would lower my opinion of Lowells even father than it's already gone.

That incompetence is just mindblowing!

[Never-In-Doubt]

Re: Failed IVA, very old debt - can I be chased for it.

Whaaaaaaaaaaaaaaat?

Sorry. You should have said it was the DCA's error.

Jeeze! You couldn't get it more wrong if you tried.

See my last post ^^^^

It gets better cos they took £1,750 F&F to clear the WHOLE loan (muppets)