I really don't want employer to find out about my completed IVA but I don't want to lie.

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Lisa Thomas

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Post by Lisa Thomas » Wed Jul 27, 2016 4:35 pm
...what I mean is why do they even ask? Presumably there is no grievance etc if the answer is yes. I can understand in some types of employment the answer is relevant but to most jobs I don't see what difference this has to an employer.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
 
 

paulaj8824

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Post by paulaj8824 » Wed Jul 27, 2016 4:53 pm
Exactly my point Lisa. I could tick yes or no, this will be held on file with no further checks carried out and if they did further checks how could they now find out about my iva.
 
 

paulaj8824

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Post by paulaj8824 » Wed Jul 27, 2016 5:29 pm
If your iva now doesn't show up anywhere how could anyone find out you entered into an arrangement.
 
 

kallis3

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Post by kallis3 » Wed Jul 27, 2016 6:26 pm
Some companies have been known to dig deeper - not saying that this would happen here but I still think it is best to be honest from the outset.
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lifenoteasy

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Post by lifenoteasy » Wed Jul 27, 2016 6:31 pm
The public credit histories are 6 years. The credit companies may hold the information for 12 years.
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.
 
 

paulaj8824

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Post by paulaj8824 » Wed Jul 27, 2016 9:44 pm
Do you mean credit companies you held a debt with may hold for 12 years?, if that's the case how would your employer obtain that information, all they can really do is check the insolvency register and do a credit check.
 
 

hubert

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Post by hubert » Thu Jul 28, 2016 11:21 pm
Bankruptcies are searchable going back far more than 6 years (London Gazette archives I think).

But IVAs are not. As far as I'm concerned, once it leaves the records it's expunged and you are under no obligation to declare it.

And indeed that's how it was explained to me at the start by my IP.

Here's the basis for my opinion (beyond being told by my IP).

A criminal record, in many cases, will become "spent" after a time, giving you a legal right to say "no" even when directly asked if you have a record.

But an IVA must be forever declared condemning perhaps a person to a life of no mortgage, no competitive credit, no job in finance EVER... Does that sound right to you?

If it must be declared forever, why is it deleted from the credit file? Why does it not remain there forever?

Why does it get deleted from the insolvency register rather than being marked "Previously insolvent"?

There are claims that if you failed to declare it on a mortgage application and the bank later found out they could repossess the house. Well, if they didn't find out when they did all the checks at the start, what makes you think they'd somehow find out later? Why would they even go looking? If they did, why would they trash a profitable mortgage that's being payed regularly and go through a hugely expensive repossession and risk ending up with a loss?

But hey, this is just my interpretation and opinion (plus what I was told). Do feel free to counter it of course :)

I know a lot do disagree with me!
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Michael Peoples

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Post by Michael Peoples » Fri Jul 29, 2016 9:02 am
Personally I think it is wrong that anyone is penalised for their IVA or their bankruptcy after it has been removed from the credit files. However I would not recommend lying on an application form as there are enough decent lenders out there who will lend to ex IVAers anyway. They deserve the business and not those firms that discriminate against you for years.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
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