Hi
We were in an IVA what failed in May 2013. April 15th 2013 was the date of our last payment.
After the iva we kind of buried our heads in the sand but apart from a few letters from creditors and a few companies who bought debts we didn't get nothing. We ignored these letters and they stopped.
Today we received some letters from a new company claiming to now own some of these old loans from Northern Rock. Now I believe these debts are now statue barred. Do I reply asking for proof they are not statue barred or do I ignore letters and wait for them to threaten legal action before I ask for the proof?
Thanks in advance for your help
M.
Personally, I would ignore them - if they are statute barred they can do nothing about them.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
If any of these letters related to the debt you are now being chased for it likely started the clock running again so the 6 years might not have passed.
I thought that if you did not acknowledge them they would be statute barred.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
I believe the debt must be acknowledged within the 6 years with a letter signed. Or and email or even web chat. A telephone call or even letters sent out by creditor do not reset the clock. They must take court action within 6 years or the debts become statute barred.
I am a little worried. It has been 6 year 7 month since the last payment I made into the iva which failed. I'm worried that it took the iva company longer than 7 month to let the creditors know about the iva failing. It would be the last time the iva company acknowledged the debts when the 6 year time began.
The phraseology used is that the 6 years counts down from when the debt was "last acknowledged" .... by which party and exactly how I do not know. Would a demand or a payment count as acknowledging the debt ?
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
CassyandClay --- it has been highlighted to me that these loans are Northern Rock and I assumed (maybe incorrectly) that they were the usual unsecured element of the mortgages NRAM used to excel in offering. If they were secured loans, then the statute barring only comes into play after 12 years, not 6.
It has been suggested, and I agree, that you need specific debt advice regarding this and that you could ring National Debtline on 0808 808 4000.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
