www.iva.co.uk

Is it possible to find out if someone was subject to an IVA and if so when it expired? A family member is taking advantage - using it as an excuse not to meet other obligations. However, it has come to light that he has a credit card and, for the last three years has been spending a lot on holidays and household goods. I suspect the IVA, if it ever existed, expired at least three years ago corresponding with the increase in spending. His name does not appear on the Individual Insolvency Register for people with current IVAs. I understand that names are removed three months after an IVA expires.

The insolvency register is the only form of public register and as you state is cleared once the iva has run its course.

There is no rule to say once an iva has finished you can't reopen forms if credit lines but it is hoped that once experienced an iva that you would be better informed in living within your means and not running in large scale debts again.

Hi Joy - if you can't find his details on the register it sounds like his IVA (if he was in one) was completed.

I can only suggested the family stop allowing him to take advantage/stop supporting him and leave him to stand on his own two feet.

Depending on the sums involved you could take steps to pursue him for any personal debts he owes you (a bit extreme and not very family like though!)

There may be historical information held elsewhere that may be accessible BUT it is not something that I show people how to do on a public board.

There are 2 reasons:

1. Just because you can do it does not mean that you should

2. People in an IVA have a hard enough time living with the consequences during and after. They don't need people constantly digging up the past

For family matters I would say follow Lisa advice.

LNE very interested to hear that. Maybe you could DM me more info...?

I won't be - as I said just because you can do it doesn't mean to say that you should. It was just a new skill that I learnt in the last couple of years.

Anyway the latest stats show there are only 3.57 degrees of separation between people because of the internet so we are all a lot closer than people realise in terms of contact.

The more information that people have out there and the more public their profile the more easier it is to make links.

Big data projects are also creating more problems which is why the EU is changing the law.

Free credit reference check agencies are good in principle but you have to ask the question where are they getting the information from?

Also, credit reference check agencies have no legal basis by themselves. They grew up as an industry where they convinced companies that they make it a condition of contract that customers information can be used, shared and sold at times.

Private landlords are even being encouraged to share the payment history of tenants let alone just check their credit history.

It's why I have concerns about IVA companies collecting too much information or getting directly involved in offering or selling products to clients in an IVA - the data sharing issues linked to that and whether the IP (not the IVA company) has the legal power to override consent is debatable and has not been tested.

2018 is going to be a bad year for the IVA industry on many fronts.

Why 2018 LNE?

- PPI reclaims finish impacting on income generation
- New EU wide (including UK) Data Protection regulations with a greater emphasis on consent plus increased fine regime for breaches which will mean increasing regulation that the IVA companies have to deal with and I don't really think they are prepared
- IVA companies have had the boom cycle and now heading towards the bust bit and creditors will be more demanding of them (the new regulations linked to fees have started to kick in)
- Practical impact of some of the IVA companies offloading their books will be realised
- Purely personal opion - I think that at least one other company will offload customers (either Payplan or DFD) leading to IP's being fined because of the workload

Small companies will survive but they will need to be a lot more efficient and start following the example of HMRC in terms of how to get information - self assessed IVA may have to be a consideration.

The larger companies will be shedding staff.

Of course I could be totally wrong.

Makes you think LNE how much do people know about your life,and how easy it is to target the vulnerable and the people on the poverty line.The large financial companies in my opinion have a lot to answer for,but the get away with it all the time

Must admit I can see the mis-selling issue coming up about iva soon

Think that you would need to prove that the IP personally should not have had their name linked to a debtor if "misselling" was an issue.

I still don't fully understand the IP/IVA company relationship.

LNE, that relationship is one that makes me glad I was with Stepchange AND that my IVA is over and CC issued.

It is one issue I have commented on before.

The ONLY time I would be comfortable with an IP suggesting (or pushing) towards a third party to look into PPI's or Secured Loans is if those companies they point you are completely separate with NO links whatsoever, ie.
1) The companies should NOT be part of the same group.
2) The companies should not be in the same or next door buildings.
3) The companies should not have one or more directors who act for both companies OR be related in any way with the directors of the other company.
4) There should be NO payment of any type between the companies for the act of passing clients to the other.
5) NO client information should be passed between them, the initial "contact" should be between the IP and the clients and it should then be up to the client if they go with the "suggested" company or another of their choice.

I may well be cynical but for me there is too much "partnership" going on in the name of the clients "benefit" which ONLY benefits the companies concerned and not the client.

Must agree ST1100 at the time of taking out our IVA we only contacted one company ( would definitely shop around now after finding this forum) we had the privilege of paying £300 to be passed to our IVA company have since found out they are connected, the said company now want to chase PPI and Prepaid Bank accounts on our behalf. Think I will do it myself!!

On the DRSP website they are claiming to be able to help if you have been missold a DMP. IVA misselling is the next step I think too.

Before the recent announcement Cleardebt got rid of their dmp's about 18 months ago but David always had a very strategic view of things.

I would agree that some companies will see an opportunity to make claims against iva companies.

It is ironic that the companies doing this also took business from IVA companies.

Talk about biting the hand that feeds you.