Get expert opinion. This is the place for new questions to be posted.
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IVA done
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Hi, we completed our IVA in December 2012 and are still waiting for GT to send CC. just last month we received a letter from the department of working pensions debt management department that my wife owes them a sum of money for a loan she had whilst on single parent benefit back in 1994, before we were married. This is the first letter she has ever had about this debt. She could not even remember having such a loan. We have informed them of our IVA and sent them a copy of the court documents as proof after a staff member of theirs said that if we did that then they would take it no further. They are now saying that as they were not on the list of creditors of the IVA that the debt still stands. During the 14 years up to our IVA they did not issue court proceedings against her, nor did she write to them to acknowledge that she was in debt to them, nor did she make any payments to them in relation to this debt. Does this now make this debt time barred. We are worried about this after having done everything correct during our IVA. Please help.
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UpToMyNeckInIt
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...After 6-Years, providing you have not acknowledged the debt as being yours in writing, then I understand that the debt would indeed be 'statute barred'. Saying that, it could remain as a default on your credit file for God-knows how long, thus impairing your credit recovery (albeit a default that cannot be formally pursued).
It may also be possible to retrospectively include this debt in your IVA (especially if it would not have had an influencing effect on the IVA acceptance). Speak to your IP in this respect.
The other thing is that if your Wife 'cannot remember' having this loan, did she actually have it? Is it possible that DWP have made some sort of mistake?
Hope you get this sorted out soon.
Last edited by
UpToMyNeckInIt on Tue Dec 31, 2013 10:20 am, edited 1 time in total.
My opinions are just that: Based on my experience and being a self-employed IVA customer.
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IVA done
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Thanks for your fast response, Do you think she should phone them and point these points out and see if it goes away???
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UpToMyNeckInIt
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- Location: United Kingdom
...sorry IVA done, I edited my original text, cross-posting with you in the process.
My opinions are just that: Based on my experience and being a self-employed IVA customer.
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ginger323232
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6 years only applied to certain debt - so not all old debt is covered by statue barring. You need to speak to the CAB and discuss the debt and the criteria - the statue time frame also changes as to what part of the UK you live in
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UpToMyNeckInIt
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Hopefully one of the forum experts will advise you better than i can.
Personally I would write to them stating that this is not an acknowledgement of the debt, but asking them to provide proof that the debt existed, and go from there.
By 'proof', I mean a copy of some document signed by your Wife, accepting this 'loan'.
My opinions are just that: Based on my experience and being a self-employed IVA customer.
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IVA done
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Thanks again to you she will try to talk to CAB and write to DWP.
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UpToMyNeckInIt
- Posts: 607
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Very useful link ginger.
Did not know about 'statute barred' exemption for Government Debt.
All the more important then that the OP seeks impartial, professional advice on this one - particularly if DWP can otherwise 'take' their money directly from wages/benefits, without going to court!!! (as suggested by the website).
My opinions are just that: Based on my experience and being a self-employed IVA customer.
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IVA done
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Does that actually mean then that they can still pursue her for money????? Is that classed as money owed to crown, just checked Noddle and no mention of that on her credit file. Still confused. She is a housewife and does not receive benefits.
Last edited by
IVA done on Tue Dec 31, 2013 11:07 am, edited 1 time in total.
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ginger323232
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As I mentioned is best you seek advice from the CAB - as you can discuss fully the debt /type etc fully.
As mentioned by a poster - hopefully this is just a mistake with the DWP - and you can draw a line under it - again the CAB will be able to advise how to obtain the information without acknowledging the debt.
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ginger323232
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Whatever you decide - Do not let is ruin the start of the year
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IVA done
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now on phone to financial ombudsman fingers crossed.
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IVA done
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- Joined: Tue Dec 31, 2013 9:44 am
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Seems as though DWP are a law unto them selves and we will have to pay up. But we will demand proof of the loan before we do so. Thanks for all your support. Colin
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ginger323232
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As mentioned - seek advice from the CAB after the holidays - as to the best way to get this advice.
In the meantime - go and have well earned beer
and do not let it ruin the rest of you holiday
