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  • Statute of limitations? or default IVA very confused..........

    Good afternoon,
    So Im hoping someone can help me with an explanation if nothing else.....

    So a couple of years ago myself and my husband tried to enter into and IVA however we kept trying to tell the iva company that the repayments they were saying we could afford to make were based on our two wages and we no longer had two wages that was how we had gotten in to such a mess in the first place that i had become so ill and then disabled that i could not return to work. In short the IVA was putting us in a worse situation then before. so we didnt sign the final letters and stopped it before it started.

    Then we had to move our house to accommodate my illness and the IVA said they had claim to our house.... it took ages to get it sorted that it wasnt the case but i was worried that they were still around when we hadnt even gone through with it.

    So I digress, its been three maybe four years since then and i have been looking on my own credit file and that of my husbands and although mine there are minimal debts owed (totalling maybe 1500) on my husbands there are a lot more but none of them and I honestly mean NONE of them have contacted us in any way shape or form, and whats even stranger is that on his credit file the IVA the we never entered into is there and says satisfied. Could this be why none of the companies are seeking my husband out? I
    Any help would be gratefully received as Im at a loss with this one, and if the creditors have seen that the IVA he never entered into is satisfied are they just writing off their debts? All of the debts and I mean ALL of them last contacted us in 2012 so according to the statute of limitations does my husband only have to wait it out another two years and then have them removed from his file???

    Many thanks

  • #2
    Re: Statute of limitations? or default IVA very confused..........

    Hi WC-angel,
    It's not really my subject, but it does rather look as if your husband's file has fallen between the cracks and the DCA's are assuming the IVA completed.
    You wouldn't have to get the debts removed from the CRA's, they'll automatically drop off after 6 years.

    Others will be along with more thoughts, in the meantime Welcome to AAD

    Elsa x

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    • #3
      Re: Statute of limitations? or default IVA very confused..........

      All the best with this xxxx personally I wouldn't make contact if as Elsa csays its fallen between the cracks let it stay there .Some one else will be a long who knows more than me xx
      if you do it today and you like it you can always do it again tomorrow


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      • #4
        Re: Statute of limitations? or default IVA very confused..........

        Nutshell - no IVA. The debts become SB after 6 years from last payment / acknowledgement.
        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: Statute of limitations? or default IVA very confused..........

          Originally posted by vvc-angel View Post
          Could this be why none of the companies are seeking my husband out? I
          Any help would be gratefully received as Im at a loss with this one, and if the creditors have seen that the IVA he never entered into is satisfied are they just writing off their debts? All of the debts and I mean ALL of them last contacted us in 2012 so according to the statute of limitations does my husband only have to wait it out another two years and then have them removed from his file???

          Many thanks
          Hi.

          They wont be chasing him as they're either already SB / you've moved / a DCA has it / etc....

          Limitation on will be 6 years from last payment / acknowledgement of each specific debt. CRA entries are irrelevant to any DCA / IVA etc. They should have been defaulted around 6-9 months after your last payment. So assuming the CRA's have inaccurate info id leave it if the debts aren't SB but if you're certain they are and that the CRA data is wrong you can argue it with the CRA direct.

          Personally, if you're not looking for credit I'd not be checking my credit files unnecessarily as it does flag up to all creditors.

          The settled IVA marker won't help either but unless that's the only derogatory marker, again I'd not bother arguing it at this point.
          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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