Pre Iva debt appears

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simon565

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Post by simon565 » Fri Jul 23, 2021 7:43 pm
My IVA started in 2007 and finished approx 2014. Capquest has now decided to ask for £4,500 debt from 2006. Can they do this? Where can I get a copy of my completion certificate?

Foggy

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Post by Foggy » Fri Jul 23, 2021 7:59 pm
No they cannot. Your former IP might still have copies, but may well have destroyed those records by now. Alternatively the Insolvency Service itself may have archived records, but, again, you are just past the usual destruction dates.

Is it possible that your former IP sent you a copy by email which might be lurking on your computer somewhere ?

In any event the debt is likely to be statute barred if you have not acknowledged it for the past 6 years and Capquest cannot enforce collection. IF you communicate with them, do not acknowledge that this debt is yours or that clock will be reset.
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

WallE

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Post by WallE » Fri Jul 23, 2021 11:28 pm
Is it possible the debt was secured on a property and therefore not bound by your IVA? I've seen a few cases like this recently where Capquest/Arrow have bought old secure debt
Hi! I used to work for one of the UK's biggest Insolvency Practitioners - I don't work for an IP anymore but still have an extensive knowledge of the IVA industry. How can I help?

bowline

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Post by bowline » Fri Jul 30, 2021 11:34 am
Fri Jul 23, 2021 7:59 pmFoggy wrote:
In any event the debt is likely to be statute barred if you have not acknowledged it for the past 6 years and Capquest cannot enforce collection. IF you communicate with them, do not acknowledge that this debt is yours or that clock will be reset.
If a debt is already statute-barred it will remain so. "The clock" cannot be restarted.

I would just reply saying I had no knowledge of this debt and. if any exists, it would seem likely to be statute-barred.

Foggy

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Post by Foggy » Fri Jul 30, 2021 1:32 pm
Apologies, Bowline, my reference to clock resetting was a little too woolly. You are correct in that the clock cannot be reset on a statute barred debt, but it can be reset within the 6 year period up to statute barring if the debt is acknowledged. The dates mentioned by the OP are too close to call whether that 6 year limit has been reached. So, although 'likely' to be statute barred, it might not be and to reset the clock at, say, 5 years and 10 months would be tragic !
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
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