Interesting situation with IVA

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System
System Posts: 178,094 Community Admin
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This discussion was created from comments split from: stop paying IVA?.

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  • JayAre47
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    Hopefully I am on the right page. On the 8th August 2014 an IVA was due to be set up for me by Pay Plan. However, on that day I moved house and went to live with my daughter. The IVA was approved but as I didn't sit in on the meeting I don't know the outcome. No agreement has been signed by me. Since that day I have not contacted Pay Plan, made any payments or acknowledged the debts to any of the parties involved.
    On the 8th August this year it will have been six years since that day. I have checked the Individual Insolvency Register and my Credit file and an IVA is not listed. I have recently moved into a rented accommodation. I have just received a letter from Drydensfairfax Solicitors acting on behalf of Max Recovery saying that my IVA has failed and they want a payment of £7331.00
    This amount is a lot less than the original debt total.
    I am elderly and on pension credits so my income is minimal. This IVA seems non existent. Also, would it become statute barred on or before the 8th August ? As of yet, I haven't replied to Drydensfairfax. I was advised to send a "prove it" letter.
    Can you please advise me as to what cause of action I should take.
    I await a reply.
    Jay.
  • sourcrates
    sourcrates Posts: 28,888 Ambassador
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    edited 10 July 2020 at 10:03AM
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    If you didn`t sign the paperwork, then no such arrangement will have existed.
    Are any of the debts still showing on your file ?
    Its likely, as you suspect, they will either be statute barred by now, or soon will be.
    If you are only on letter one from Drydens, then there is a long way to go (they run through a series of templete letters with you, spread over months, even years sometimes).
    I agree with fatbelly, hold off on doing anything for the time being.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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