help please not sure what i should do?

krailton

my partner and I are on a Iva thats been running 26 months now...i have been getting calls leaving messages from a company called 1st credit chasing a debt i had with my ex husband 8 years ago...i have had no contact with them or paid them anything for over 7 years...the keep ringing 3 times a day and it plays a recorded message to contact them with a reference number...so not sure what i can do and should i contact my iva company and tell them i am worried sick about this

thank you

To_be_Free

I am no expert, but I would stop worrying as it sounds to me as though they are trying their luck.
If you have had no contact in over 6 years the debt is statute barred.
An ordinary commercial debt is dead after 6 years of no action BUT beware of the possibility of getting into negotiation during the 6 years as this acknowledgement could start the the 6 year clock all over again.
Just refuse to speak to them.

Three_Clicks

Contact BT and they will ban these type of calls ~~~ We did!!!

Charco_2

Well, while TO BE FREE has a point about things becoming statute barred, if the debt was joint with your Ex-Husband and HE has had any dealing with them in the last 6 years then the debt is not statute barred... However!

As you are in an IVA, you should be able to find out about the debt and have it added to your proposal. This can cause complications though so be careful. What percentage of your ENTIRE debt will it be? Would they be able to vote against your proposal?

You'll have to speak to your IP!

Nargleblast

Anything like this crops up during an IVA your IP will need to be informed. And as others would say, don't even think about contacting 1st credit.

krailton

thank you for all your help...the debt is only in my married name not my ex husbands

Charco_2

You can (and must) have it added to your current IVA.

If they have a large enough debt then their proportion of your full debt may have been enough to affect the voting of your original proposal.
They'll affect the voting now too.
It will also have an effect on the dividend available to your creditors.

You wont need an entirely new IVA so you'll not be going back to the start or anything so drastic but you will need to speak to your IP to have this new debt included!

dancingfairy

O.K right can I clarify this. You and your ex-husband ran up a debt. The debt is in your name only?
If this is the case and you have not acknowledged the debt for a period of 6 years then it maybe statute barred - as far as Iam aware if they haven't contacted you within the 6 year period or got a CCJ within that time - you are free from obligationof this debt.
If however you had acknowledged the debt during the 6 year period or they had got a ccj then you would need to get it incorporated into the IVA.
This is however my rough understanding of it - first you need to be clear exactly whose names the debt is in and if the debt is statute barred.
df

krailton

the debt is in my name only, and have not spoken to anyone about this debt for over 6 years...
as far as i am aware i have no ccj with this debt but not sure how i can find out for sure..

Nargleblast

Have you tried getting an Experian credit report? Not sure how (I signed up for a service with my bank which included this) but I am sure others on here can point you in the right direction.