Am I legally obliged to mention IVA, completed in full 2011 in application for FCA licence ?

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Jonathand1230

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Post by Jonathand1230 » Fri Sep 23, 2016 10:55 am
I have had an IVA that was approved in feb 2010 and completed in full in August 2011.
I need to apply for a FCA license which has asked if I have ever had an IVA.
Am I legally obligated to mention this as it's been over 6 years now and isn't on the insolvency register anymore.
If I do have to mention it would it prevent me getting a FCA license?
 
 

kallis3

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Post by kallis3 » Fri Sep 23, 2016 11:07 am
Hi and welcome,

If you are asked that question then you should be honest and answer yes.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Jonathand1230

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Post by Jonathand1230 » Fri Sep 23, 2016 12:59 pm
But am I legally obliged and is there other areas where records are kept as I feel it's unfair to still carry the stigma of having an Iva
 
 

Lisa Thomas

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Post by Lisa Thomas » Fri Sep 23, 2016 1:04 pm
If you lie you are at risk of being denied the license or having it withdrawn.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Fri Sep 23, 2016 1:04 pm
I would think that you would have a legal obligation and otherwise why would they ask the question? If you received a licence based on false information there may be potential for criminal proceedings if this ever came to light so the best advice is to be truthful.

You could ring the FCA on a 'no names' basis and ask them would the previous IVA disqualify you and if so then remove the application. However we have numerous people in IVAs who still hold authorisation from the FCA/FSA and these people are not worried about anything coming out of the woodwork. Once disclosed and addressed you have nothing to worry about.
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
 
 

Jonathand1230

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Post by Jonathand1230 » Fri Sep 23, 2016 2:02 pm
So is everyone saying that for the rest of my life every time I'm asked if I have had an IVA I have to say yes? I can understand if it is still listed on a public register but why if it's been removed?
 
 

Foggy

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Post by Foggy » Fri Sep 23, 2016 2:12 pm
If the question is "have you EVER ...." the answer is yes! It is down to your own moral code as to whether you tell the truth or not -- and down to the questioners mindset as to how to respond if caught in a lie.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

kallis3

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Post by kallis3 » Fri Sep 23, 2016 2:21 pm
I have to agree with Foggy and the others - you should answer yes. Some companies keep records for way beyond the six years.

It's one of those things that happen when we have been insolvent.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk
 
 

Michael Peoples

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Post by Michael Peoples » Fri Sep 23, 2016 2:27 pm
Not every prospective employer nor future lender will ask 'ever' but those that do would need to be answered honestly. It is similar to convictions which are 'spent' and therefore do not need to be disclosed unless you are applying for certain jobs where this protection does not apply.
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
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