Advice on post IVA situation

milliemonster

sourcrates wrote: »

If they were not on your list of creditors then the debt still stands unfortunately.

No good sending them your IVA info, as it won't be applicable to them.

You can always make them an offer to settle amicably ?

This is poor advice, whether they were on the list of creditors or not, if the debt existed prior to the I V A starting it can be included, your IP, when they close the IVA, are supposed to check, we had a similar situation with ours, we missed out a 5k debt (unintentionally I might add, we thought we had included everything but during the stress of it all it got missed) and it did not come to light until the closure process when our IP had to get it brought into the IVA so it was covered, your IP should be able to do this. You will not be liable for this debt if it was prior to it being agreed and you need to get your IP to sort it out

sourcrates

milliemonster wrote: »

This is poor advice, whether they were on the list of creditors or not, if the debt existed prior to the I V A starting it can be included, your IP, when they close the IVA, are supposed to check, we had a similar situation with ours, we missed out a 5k debt (unintentionally I might add, we thought we had included everything but during the stress of it all it got missed) and it did not come to light until the closure process when our IP had to get it brought into the IVA so it was covered, your IP should be able to do this. You will not be liable for this debt if it was prior to it being agreed and you need to get your IP to sort it out

Sorry, that's incorrect, the OP's IVA has ended. I too have been in an IVA, and you are wrong I'm afraid.

If the IVA were still open then yes, but it's not, it ended in 2013.

Creditors or debts not included in the IVA

If you have debts with creditors that are not included in the IVA, they can still contact you and chase you for that debt.

If you have a number of debts with the same creditor and one of these debts is not included in the IVA, they can still contact you about that debt.


https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/individual-voluntary-arrangements/problems-with-an-individual-voluntary-arrangement/creditors-are-still-contacting-you-individual-voluntary-arrangements/

National_Debtline

Chester147 wrote: »

Hello

Thanks again for your responses. I don't know why they weren't included in the list of creditors but they don't feature and I think it was just missed off. It might be because it was one of those 'buy now, pay later' deals and I hadn't included it whilst going through my debt with my IP. Therefore, can they claim they weren't aware or part of my IVA and therefore, insist I pay not only the amount owing but with added interest?

Even if I had to pay the outstanding amount (originally about £400 for a TV) which was increased to just over £1000 with their interest - I would pay it just to get rid of them but where do I stand on them claiming I owe a lot more money due to interest they decide to add?

I'm concerned I might open a can of worms by sending them my IVA info, to show they weren't on creditors list but I'm really keen to get it sorted once and for all.

Thanks

If they were not part of the proposal them I am afraid they cannot be bound by the IVA because they were not aware of it. (It would be different if they were part of the proposal and out voted and the IVA went ahead anyway - then they would be bound by the terms of the IVA).


You mentioned that it was 'buy now, pay later' which may mean it is an older debt. When were the payments due to begin? If it has been more than 6 years since the payments were due to start and you have made no written acknowledgement or payment to them since then (and they don't have a CCJ) this debt could be statute barred and you can argue it is unenforceable on that basis.


If none of this is applicable, and this is a debt that is less than 6 years old and not included in the IVA proposal then it will be and outstanding debt that is enforceable in the county court. You can write to the creditor and ask for a breakdown of the debt and a true copy of the agreement with a CCA request. They can charge the interest and charges outlined in the contract. If there haven't been payments for years it could explain how the debt has increased so much. Be aware that this can be classed as an acknowledgement of the debt and restart the 6 year clock under the limitations act.


Laura
@natdebtline