I started an IVA in 2009 with DFD. I called them to say i couldn't keep up payments in 2011 and was advise that the IVA would fail and was told that I would receive a notice from them in the post to say this had failed.. it didn't arrive and we moved house several times ( i updated them of my address changes).. long story short, i finally received a letter stating my IVA had failed in 2016- It appears they were chasing PPI over those 5 years. My question is the debt is no longer on my credit files, but is it classed as Statute Barred now, or would it not be until 6 years from the date I received my IVA failure letter. I'm confused why it took so long to fail, and obviously, had i been able to go bankrupt in 2011, as i planned, i would be able to start over financially now- But i was advised that i couldn't until i received notice until my IVA failed. Is this allowed, as they weren't acting in my best interests? My creditors have not contacted me yet, but i am due some inheritance soon, so i assume they will be in touch after I receive it.
DFD cases were transferred to Aperture last year, however I imagine that they retain responsibility for historic cases. The clock on statute barring starts ticking and is reset from any point where you acknowledge the debt. To my mind that would include the issue of a dividend or communication from an IP, who is acting as your agent. But, as with most things in the legal world, much will depend on the arguement and opinion of those deciding the matter.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014 http://foggy.blogs.iva.co.uk