Even if it had gone to county court originally and they had won interest would have been frozen.
No harm trying to make an offer based on that and pointing out that they have failed in their legal responsibility.
IVA started March 2011, Completed March 2016 and certificate issued 11 days after final payment. It was not always easy but then some of the best decisions aren't.
Personally I have a different view on making offers, or if you were considering it they should be "without prejudice" (google it if not familiar).
I would wait until have full facts from solicitors/CAB etc.
If it transpires the debt is unenforceable you have thrown away a lot of money.
I did wonder if they would accept the half route, but to be honest if it is a joint debt I'm sure somewhere in your agreement for that debt it will say they may pursue either party for the full amount - worth digging out the agreement if you have it, they would have to present that signed agreement if they did pursue it legally, if they cant there is a chance it cant be enforced.
I cant see anything wrong in writing to the solicitor and asking them to provide proof of the debt and the agreement which demonstrates your wife is liable for it - prior to any form of admission of the debt in your wifes name (your admission is done via the IVA and your liability no longer exists).
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
Thank you all. I understand that each person is liable for the full amount, but how far can that be taken - because if you follow that logic they can obtain £12,000 from a £6,000 debt. If they received, say, £2,000 from my IVA (just for sake of argument) are you saying they could still claim £6,000 from my wife, so receiving £8,000???
Hi Tony - my limited knowledge of the mediation is that IF mediation is attempted and fails and IF the matter then proceeds to Court you can show that you tried to mediate. The problem lies where someone trots off to Court and hasn't tried to reach a settlement via mediation first, that's when the Court gets scratchy.
Thanks again for all replies. Latest is that I spoke to CAB, and they say we might as well try 'statute barred' as we have nothing to lose, and it will compel them to investigate that and respond. CAB assigned a case file and will advise on all future contact, but say they think I have a decent case to at least cut the debt down to what was owed before these 7 years of charges. But we'll take it step by step.
would love to know if you had any progress with this ?
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
TonyF - any update would love to know if you had any joy, I know, I should be more patient, lol [:)]
Last edited by longslog101 on Tue Sep 15, 2015 6:48 pm, edited 1 time in total.
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
Longslog: I was waiting in the hope that I would have a final, final answer, but currently...having received no reply, CAB sent a letter themselves. They got a reply from the solicitot to say they were no longer handling the matter. CAB then sent a letter to the bank, and so for have had no response. Given our original letter went out at the end of May, it's looking good that it's been dropped, but of course until such point as they tell us that (which they may never do) it's possible it could flare up, that they may try and sell it to a debt company. But it's looking positive for us. Thanks for your interest.
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
Thanks for this, I was thinking about this this morning. Rather than waiting to see of they pounce again have you requested your credit files for you and the Mrs ?
If you do this you can see if the debt is still showing, of if it is marked as settled ?
If it is still showing as outstanding and defaulting in your wife's names you could send a data controller letter saying the information held is inaccurate bla bla bla same argument presented by you and CAB to solicitors and banks, they have to respons to those letters within 21 days.
I appreciate it means perhaps drawing their attention to it,but perhaps better to address the situation while the iron is still hot, rather than them making another attempt in the future.
Also, there may be a chance that the debt is market as settled on you and your wife's credit files, in which case voila there is your proof it is settled.
Others may think its not a good idea for some reason I have not thought of, perhaps run past cab ?
Last edited by longslog101 on Wed Sep 16, 2015 10:00 am, edited 1 time in total.
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
Thanks for the suggestion' longslog, as I had not thought of that. I will run it by CAB as they have been handling it on our behalf - sounds good, and as we've already drawn their attention to it by way of a letter from CAB, I don't suppose it can do much harm. I would like to know one way or the other, frankly.
