Hassled by creditor from an old IVA agreement

Whatto

Hi, In 2006 I entered into a joint IVA agreement with my husband (at the time). We later separated in 2007, but he agreed to continue to keep up the payments on the IVA and I agreed to not hassle him for child maintenance payments for our son.

It has been my understanding that this was completed and the issue was resolved.

However, I have recently been contacted (some 8 years later) by one of the creditors (American Express) that was included in the IVA saying that I owe them money. (nearly £2000).

I have checked my Experian credit report and there is no record of any debt with American Express on there at all.

Also, about a year ago I received some debt advice about building my credit back up and they did a search of some IVA database? and it was found that my details were also no longer on there assuming because that it had been settled and now dropped off the register?

Also i'm not sure if this has any relevance, but the debt with American Express is in my maiden name, and the letter was sent to my parents address which I have not lived at for about 10 years, but they have also been ringing my parents house asking for me. My parents have told them that I no longer live there, but have passed the letter on to me.

I'm not sure how to deal with this. If I contact them will that just not renew their interest in me. However, I also want them to stop contacting my parents, and for a debt that I believe to be no longer valid.

Please help, Thank you.

UpToMyNeckInIt

Difficult one this.

Personally, I would consider not doing anything. Your parents just have to tell AMEX that they are not willing to pass on your details.

I am sure that, unless you acknowledge to AMEX in writing that the debt was yours, then it is statute-barred anyway. (Although, I am not sure if AMEX can still register defaults on your credit file anaway).

Do you have a copy of the IVA completion Certificate? If not, how do you know if your ex. kept his end of the bargain? Did he allow the IVA to fail for example? You could try contacting him and/or your old IVA firm, and requesting a copy of your completion Cert.

That way when/if Amex. track you down, you can write to them, politely telling them where to go, enclose a copy of your CC, and direct future enquiries to your old IP, explaining that the debt was captured within the IVA.

Hopefully one of the experts will be along shortly to offer more advice.

CKhalvashi

I'd consider writing, stating clearly that the debt wasincluded within the IVA.

I've just dealt with similar situation with a former bankrupt in our office (I knew about the BR at the time, as person has access to the company bank accounts).

It would be worth checking the insolvency register here (link goes straight to a government site) and acting accordingly on that.

Don't be surprised if it's sold on after, though, as this seems to be the case in the issues I've dealt with. It's unfortunately a case of repeating the letter sending (save whatever you write, and change the address each time)

CK

SPELLKASTER

I would also send any correspondence via recorded delivery and take copies of the letters too!!

You might try and contact the Financial Ombudsman Service and ask for there advice as well.

dancingfairy

I pretty sure you can't have a joint IVA. You would both have had single but interlocking IVAs. The thing I don't know is what happened when you split up. Did he just seperate his IVA and do a new income/expenditure assessment? Did your IVA get completed?
I don't know how you find out if your IVA was ever satisfactoraily finished but I think there is a register somewhere. I would assume that your IVA hadn't been completed because I think you would have had to apply to release an equity if you had a house or agree and extra years payments and you would have had to have had reviews? surely? You would also have had to apply for a certificate of completion.
Let's assume that due to lack of contact with you your part of the IVA failed. Now was this debt solely in your name? If it was solely in your name then I think it would be statute barred as you haven't written to them regarding the debt (i dont' think an IVA does anything in respect to the statue barredness of a debt). If it was a joint debt then what happened when you split? If your ex continued to pay it then it might not be statute barred?
df
edit: I'm not recomending these people but here's something I found on interlocking IVAs. http://www.harringtonbrooks.co.uk/iva/ivas-with-joint-debts
You could search the register here: https://www.gov.uk/search-bankruptcy-insolvency-register and see if it brings anything up but obviously that might cause more people to creep out of the woodwork.
I think it you should either ignore the company chasing you or write back and say the debt is statute barred and if they think it's not then they will have to prove it.

fermi

If the IVA started in 2006 it would have either completed by 2011/12 ,or failed by then.

As records on the IIR only stay for:

IVA and FTVA records stay on the register for a period 3 months after the Secretary of State receives notice that the arrangement has been revoked, fully implemented or terminated

Then checking the register is not likely to show anything up now, no matter what the outcome was.

Perhaps worth checking with the IVA provider to see what the outcome was and if they can provide you with something to confirm that, whatever it was.

If you can get proof that the debt was included in a completed IBVA then you can tell Amex to go forth and multiply, and complain to the FOS etc if they take no notice.

longtermplanner

I agree with fermi that you should contact the IVA firm and ask them to confirm if the IVA was completed or failed. If it is completed, then you have an easy letter to write to Amex. If it failed, when did it fail? The debt could be statute barred by now.