My IVA failed back in sept 2008. I never received any letter stating that it had failed. In sept 2009 I failed for bankruptcy. On my credit file it states that the IVA is still active. I am trying to have this removed but Nobody has details of this failing. I have tried contacting the Insolvency Supervisor to no avail. It also does have my bankruptcy order on there which will be six years old in a day or so. I have tried contacting the ACCA regarding this but unable to find the correct number.
You need to either get your original IP to send you a copy of the failure letter, or send a copy of your BR order and/or discharge to the credit agencies.
It is nothing to do with the Insolvency Service at all and your BR should have been removed from that as soon as you were discharged.
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
My BR has not appeared on my file. However on the Insolvency register next to my name I am down as in an IVA. I contacted said people and it still states my IVA is active even though it failed back in 2008.
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
If you have the final report from the failure send this to the insolvency service and they should remove the reference. They can always confirm with your former IP that the IVA indeed failed.
Debt Free Direct. Contacted them who put me onto the supervisory practitioner. No records held. Supervisor moved onto another company. No records with that company either.
Michael - would the BR petition take precedence over the IVA? Surely they would be able to sort it out with that.
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
If the insolvency service were never notified of the failure of the IVA then they would not remove it. However they may be willing to show a bit of common sense inb that if the bankruptcy petition was granted then the IVA must have failed. Not sure though if someone would make that decision.
It is a long time ago and records would be scetchy at best so hopefully the insolvency swrvice will remove the notice. However if not DFD may have something somewhere as they will have been listed as the insolvency firm on the notice.
The only other options I can think of is to try the local court and see if they still have a copy of the original IVA file which would have the notice of failure on it or try a creditor and see if they can provide proof.
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
I still have all relevant paper work including the BR petition. I have called the insolvency register and they have no record of a failure. Been in contact with RTL Anglia who again confirm no record of failure.
I have been in contact with experience regarding the matter as the IVA is now 89 months old. It suddenly appeared on my file a couple of months ago when I added more information to update. I have since emailed a copy of my petition to them. My understanding was when a BR is in place the IVA automatically fails. But still miffed as to why on my credit file the IVA is still there but not my BR order.
DFD have nothing. When I prompted the name of the supervisor they past me on to the relevant company.
An IVA does terminate once a bankruptcy order has been made and hopefully the insolvency service accept this and remove the notice. Otherwise it could be on there forever if no one can find proof of failure so I do think the court may be a reasonable option.
Rang the relevant court. They said no records are kept so passed on to insolvency practice. "The case is with Ipswich" to which I was transferred. Lady on the line very helpful but states unable to assist and that I need to email in to have my records retrieved to be looked in to.
Experian have replied stating records do not match and they are looking into things with the insolvency service regarding why my IVA was not failed.
A complete and utter night mare. The first supervisors incompetence and left me with this for 7 and a half years and now a whole four days of phone calls.
Thank you once again. Will update when and if I get somewhere.
I really feel for you Peter - this is an awful position to be in.
Do keep us informed as to how things are going. Perhaps a free half hour chat with a solicitor might help?
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
