Pre Iva debt appears

[simon565]

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]

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.

[WallE]

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

[bowline]

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]

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 !