I am 48 months into an IVA, on every financial review I have declared a payment to a credit card which has not been transactional for the duration of the IVA (except for payments to clear it), and is clearly shown on all bank statements.
I have now been issued with a 'notice of breach' for obtaining credit...the card was taken out 6 months before the IVA.
My IVA provider has also been taking a higher sum from my bank than on my agreement, surely this is a breach on their side?
My question is, am I in breach as the credit was not taken out during the IVA and I have declared it and shown evidence on every financial review requested.
I would definitely obtain all statements from the credit card and send them to the company to prove it has not been used! Is there a reason it was not included in your IVA?
It is only a breach to obtain credit without consent and if you have used the card and repaid it in full each month I see little problem. You need to speak to the IP and let them know that this was agreed at the start and ask them to remove the notice of breach.
You are allowed to take credit of up to £500 without seeking permission, so if the card balance is quite low then you may not be in breach at all - but is there any reason why this debt was not included into the IVA. Was there a balance on the card when the IVA was entered into?
