IVA completed March 2010 but I have come up on a bankruptcy search in May by Council.

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Karen.02

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Post by Karen.02 » Sun Sep 07, 2014 1:46 pm
I have been a council tenant since 1982 and in my current property for 21 years. I have just applied for Right to Buy my house with my partner. I did not disclose I previously entered into an IVA as it was completed on 18th March 2010 but the council have sent me a letter saying I have come up on a bankruptcy search dated 20th and 25th May? I thought this would be wiped from my records by now? The council have asked for a letter from my solicitor saying this I is not me, I can send the completion certificate and letter. Will this suffice and is this likely to stop them from granting me Right to Buy. I didn't not disclose the IVA on purpose, I genuinely didn't know it would still apply.
 
 

Foggy

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Post by Foggy » Sun Sep 07, 2014 2:14 pm
Hi. House purchase apart, this really needs to be looked into and sorted as nothing should be showing on your records by now.

I would get a copy of your files from each credit record agency and make sure they are clear. Also check the Insolvency Register to see what shows there. If you have, somehow been left on there a copy of your completion certificate will see you removed.

I would also have a word with the council, in person if possible, to see exactly what information they have and from where, so you can target your clearance attempts if need be.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Sun Sep 07, 2014 4:38 pm
There would have been a restriction against the property during the IVA and either this has not been removed or someone has misread it. This should be easy to address.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

Foggy

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Post by Foggy » Sun Sep 07, 2014 4:50 pm
Karen was (is) a tenant, so no restriction should have been placed on the property.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

Michael Peoples

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Post by Michael Peoples » Mon Sep 08, 2014 8:57 am
Good point Foggy and I should have realised that. Now I haven't a clue what could be causing this!
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

lou3

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Post by lou3 » Wed Sep 10, 2014 9:04 pm
IVAs are listed on the insolvency register the same as bankruptcies and some companies get the two confused when they do a credit search, however your name should have been removed when you received your completion certificate. You will need to check with your IVA company if this has not happened and ask them to resend the completion documents to the insolvency register.
 
 

Foggy

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Post by Foggy » Wed Sep 10, 2014 9:07 pm
The simplest way to check is to look yourself up online using this link:

https://www.insolvencydirect.bis.gov.uk/eiir/
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

luluj

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Post by luluj » Thu Sep 11, 2014 4:02 am
When did your Iva start ? It will continye to show gor 6 years from start date even if it was convluded early and certificate received ?
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