IVA debt not included

cardiff

I wondered if anyone could help, a friend of mine entered in to an IVA last year paying a one off fee rather than spreading it over the 5 years, since then a letter has arrived from hillesden securities for a debt that was not included in the IVA, my friend had written to hillesden acting on behalf of citifinancial in 2007 to ask for a CCA which has never been provided, have recently received a letter saying that the time scale by which they had to provide the documents changed in 2008 after they were contacted, still no CCA has been produced and they are refusing to remove the debt off her credit record, anyone have any advice please

thank you

RAS

Not going to comment on the IVA but Hiisden are being a bit economical here.

Yes the rules on CCAs changed in April 2007, so if she took out the account after that, they are different.

And for debts taken out before that date, it is no longer a criminal offence to pursue the debtor after 12+2+30 days.

However it remains their responsibility to produce the CCA within the 12+2 day deadline, after which they cannot pursue the debt without producing the legally required documents.

Your friend needs to speak to the OFT as to whether the default can or should be removed.