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IVA Complete 15 years but being chased for an old debt
Icem4n99
Posts: 1 Newbie
i had an IVA back around 2005 and completed it around 2010/11. i received my certificate at the time but over the years this has been mislaid but also i have never needed it as all by Debt where cleared. ( or so i thought). my IVA was dealt with by Debt free direct who i know now was later taken over in 2017 by Aperture
debt solutions llp but they where dissolved earlier this year. A couple of weeks i received a letter from Cabot advising me i have an outstanding debt from over 15 years ago that isn't cleared but also asked if i completed my IVA. i cannot contact my old IP as they don't exist anymore so cannot obtain a copy of the certificate so unsure where to go with this. i also don't believe that a company can chase a debt that 15 years old or older. Also to note that on my Experian account these is not even showing as me having an account anymore with these and also the debt has never shown and still isnt. Is this company just trying it on and should i continue to ignore them or is there a way to obtain a copy of my certificate after 15 + years.
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Comments
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Well yes you can ignore them, as they will be well aware the debt is dodgy.
However if they become annoying, you can either send the prove-it letter to them, or go straight in with the statute barred hybrid letter.
Or you could take a more personal approach, write and tell them the debt was included in your IVA 15 years ago, and although due to the passage of time, you no longer retain proof of this, the onus is still on the creditor (Cabot) to prove that (A) the debt was not an insolvency debt, and (B) that it would not now be statute barred regardless of (A).
Personally I would go with the much more satisfying 3rd choice, but its up to you.
It won`t be showing on your credit file, accounts only show for 6 years after default, it will have dropped off years ago.
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-letter1 -
I have been having the same thing from this company Cabot. IVA finished over 15 years ago and are chasing a debt that was part of it. The letter read "they can't find a public record that the IVA was completed". Well they can jog on, getting nothing out of me. The advice on this fantastic forum is to just ignore them and do not engage with them whatsoever.1
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They won`t find a public record that it was completed, not after 15 years.
They are well aware the public register only shows insolvencies until they complete, mostly just 6 years.
If they start a court claim, you`ll just have to defend it.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-letter1 -
Yeh think they are just trying it on and it does look like they go around buying old debt and hounding people. If they keep it up I shall just put a harassment complaint about them etc.0
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Dont faff around with harassment complaints, you have a much more effective argument.
Your IVA either completed, or it was failed, or it is still going.
You can prove it is not still ongoing, as it does not appear on the Insolvency Register.
So it either completed - in which case the remaining balance was wiped and you do not owe anything.
Or it failed, in which case the debt by now would be statute barred.2
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