DCA chasing debts included in old IVA

pa49

Hi all,
Was wondering if anyone who has had an IVA has subsequently experienced this -

My IVA was successfully concluded in 2004 through a local insolvency practitioner and the payout was 100% (is that unusual?).

I'm now being chased by a number of DCAs over some small amounts that were included in the IVA!

It seems that the original debt details have been included in the usual bundles sold on to these firms and they have resurrected them now some 5 years later.

I've heard nothing over them since the IVA as they should have been marked as satisfied, but, when I checked my Credit Report find that the details of the debt have been filed by the DCAs.

Is this sharp practice by the DCAs or a failing within the system after the IVA has been concluded?

I'm not responding to these approaches as the 6 year 'statute barred' time is nearly up, but, it's a worrying flaw in the whole procedure.

On another point that occured to me what would the position be if an Insolvency Practitioner failed to include a debt in an IVA when all details of that debt had been submitted to them? Where would the liability rest?

Nargleblast

If these debts were included in the IVA, and you have the documentation to prove it, it sounds like they are trying it on as a last ditch attempt before the 6 years is up. If that is the case, we all know where they can go!

fermi

pa49 wrote: »

I've heard nothing over them since the IVA as they should have been marked as satisfied, but, when I checked my Credit Report find that the details of the debt have been filed by the DCAs.

Are these entries in addition to the ones from the original creditors, or have they replaced those?

Also when to they show for the default date? It should be the same as the original ones and certainly no later than the start date of the IVA.

pa49

fermi wrote: »

Are these entries in addition to the ones from the original creditors, or have they replaced those?

Also when to they show for the default date? It should be the same as the original ones and certainly no later than the start date of the IVA.

The entries are all additional to the original debts and they refer to original dates.

This seems like a try on because of the statute limitations expiring this year and the fact that no one has tried to collect on these amounts previously which would seem rather odd.

My being able to show evidence of the IVA discharge is a little complex as the paperwork is buried in repository holding vast amounts of business accounts files as required by law for six years. It reminds me that I should clear out the older than six years files to avoid any come back from the IR!

I feel comfortable with the situation until any of the DCAs push things too far, but, their position would seem untenable and 'further action' on their part would really be overstepping the mark.

My OP was aimed at some enlightenment as to how this situation could arise.

pa49

I have also just found out that two entries on the Credit report are for amounts relating to a satisfied debt that occured over 6 years ago!
It's been resurected like the others.