THE INSOLVENCY REGISTER

[johnpaul]

a very good mate of mine is doing a iva and moved house last year told is supervisor that the company that are taking care of his iva to update his details telephone number and new house address they said ok no problems they have said they contacted his creditors to let them know is new address and tel number but got a letter out of the blue last week that one of his debts has been sold to evershields ,eversheilds posted it to hos old address told is supervisor and they told him they told all of his creditors of his new address he he checked the insolvency register on the internet and his old address is on there is there any way the insolvency register can be updated with his new address on it and what can he do about this firm thats doing is iva with

JOHNPAUL

[Cybus]

Could you please explain what it is you want the IP to do in this instance?

I do not believe that the Insolvency Act requires an IP to advise the Insolvency Service (Who maintain the Register) of a debtor's (Your mate's) change of address.

I also do not believe that the IP has a duty to inform the creditors of a change in debtor's address either, simply that it has changed. Since they are bound by the terms of the arrangement, they should be directing their correspondence to him anyway.

Eversheds have taken assignment of the debt that was due to one of the creditors. This does not affect the debtor in any way. Eversheds would have notified both the debtor (At the last known address)and the IP of the assignment of the debt.

The IP has not actually done anything wrong.



Tell it like it is.

[johnpaul]

hi thanks for the repley should my mate contact the insolvency service himself telling them that hes doing a iva and moved house 12 months ago and that could they update the insolvency register with his new address

JOHNPAUL

[Cybus]

<s>There's no reason why he can't ask that the record be updated.</s>

They already know he is subject to an IVA, it is simply the information relating to him personally that is out of date. As I said their is no requirement to do this. <s>so it is entirely up to him</s>

Please note strike outs

Tell it like it is.

[johnpaul]

thanks cybus i will let him know have you a telephone number for them just incase he desides to update his details he does not want unwanted creditor junk mail from 3rd party companys out there offening ivas

JOHNPAUL

[DevonLassie]

Hi there,
So am I right in thinking then from Cybus' answer that the IP definitely does NOT have to inform the Insolvency Register?

I'm moving soon so it would be a huge relief for me if the register carried my old address, as I'm so paranoid of people finding me on there!

Devonlass

[Cybus]

<s>If he does not want junk mail from companies offering IVA's, the best thing to do is NOT request a change of address on the Insolvency Register!</s>

The Register only reflects information relevant on the day of the approval of the arrangement, as it says on the website.

Those details cannot be changed without consent of the Court

Please note strikeouts on this and previous posts

Tell it like it is.

[MelanieGiles]

There is no legal requirement for the IP to advise either creditors of the debtor's new address details. I personally do advise creditors, with my regular annual reports, but do not inform the Registrar.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp

[Adam Davies]

Hi Johnpaul
Your mate has done all that he needs to do and that is to notify his IP of a change of address.
regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[johnpaul]

thanks andy and melanie for the info i will pass it on to him

JOHNPAUL