Failed IVA - DebtFreeDirect

Ruscoe1972

Hi I'm new to this forum.


I had an IVA with my ex-husband that failed (exact dates unknown but we have been separated 6 years in Nov so I'm assuming 5 years ago) with Debt Free Direct.


I have had no communication from them or any of my Creditors during this time despite advising them of a forwarding address at the time. The IVA was 3 years into payments when this failed. I am wanting to know the exact date of failure/termination so have contacted Aperture who have taken over from DFD. They have asked me to email them as it is a Trust Case and someone will contact me - what is a Trust Case??


There is no outstanding debt on my Credit File, no CCJ's and no Bankruptcy etc so I'm confused?


Any help would be appreciated.


Thanks


Joanne

National_Debtline

Hi Joanne and welcome to MSE,


"Trust Case" is not a term used across IVA's in general and appears to just be a term used by Aperture, so you would need to ask them what this refers to.


I would also query why you would like to know the date of failure if no one is contacting you? I appreciate it is nice to know these details for your own records, but you could potentially stir up a hornet's nest. If the IVA failed around 5 years ago, and there has been no written acknowledgement, payment or court action started towards these debts in 5 years, they could be getting close to being statute barred.




Laura
@natdebtline

Ruscoe1972

Hi - I am trying to clean up my Credit File and wanted to know that dates to be sure instead of guessing.


Regards


Joanne

sourcrates

Ruscoe1972 wrote: »

There is no outstanding debt on my Credit File, no CCJ's and no Bankruptcy etc so I'm confused?


Any help would be appreciated.


Thanks


Joanne

Hi,

You said there was no outstanding debts on your credit file, so they may of passed the six year limit already since default, but the cause of action date would be the date of the last payment, which may not of been reached as yet.


Seriously, i would leave this well alone as you are nearing the statute barred date of these accounts, rocking the boat now would be madness.

Ruscoe1972

Hi - just had confirmation that the IVA failed in November 2015! It was taken out in September 2009. I'm confused as to why there is nothing on my credit file and no contact for 3 years? What date will debts become statute barred? Any help appreciated.

Craig1981

very strange that an IVA will fail after 6 year and 2 months - usual length is 5-6 years maximum.
surely this completed November 2016 and not failed?

as others have suggested, let sleeping dogs lie - if started 2009, way past the 6 year marker

Ruscoe1972

Hi - apologies it says Terminated not failed and the date is 20th November 2015.


Where do I stand if I want to claim PPI with this?


Thanks Joanne

sourcrates

Ruscoe1972 wrote: »

Hi - apologies it says Terminated not failed and the date is 20th November 2015.


Where do I stand if I want to claim PPI with this?


Thanks Joanne

Its a very difficult question, and i will tell you now, you need specific legal advice on this before you do anything else.


If you want a layman's opinion, you made payment for 3 years, from 2009, but the arrangement did not fold until 2015.

It would depend when the IP last distributed payments (if any) to your creditors, and if that indeed would constitute acknowledgement or not.

See what others may think, but that`s my view on it.


As for PPI, again, you need legal advice on this really, as making a claim would count as acknowledgement.

National_Debtline

Hello again,

Ruscoe1972 wrote: »

Hi - just had confirmation that the IVA failed in November 2015! It was taken out in September 2009. I'm confused as to why there is nothing on my credit file and no contact for 3 years? What date will debts become statute barred? Any help appreciated.

Unfortunately, if the IVA didn't fail until November 2015, that would be the start of the limitation period. Whilst the IVA was in effect the creditors were not able to take enforcement action as they were bound by the IVA. So, the date of 'cause of action' is when the debt fell due and the creditors could chase it again - Nov 2015.


You would need to check the terms and conditions of the IVA regarding any PPI claim. Normally there will be a clause about PPI and how the IP can claim this towards the IVA. As the IVA failed this clause could well be void, but by making a claim for missold PPI that would also likely be an acknowledgement of the debt.


Laura
@natdebtline