Hi all
Just posting this in case it may help someone
I had a payday loan from MEM ( payday uk)
They did not reply to my iva companies letter or they did not get one .
Hence they were left off my IVA
Didn't notice until I looked at my credit file in 2013
I challenged it . The adjudicator at the ombudsman service founded in their favour even though the debt was from 2008 and I had no letters from MEM at all . I paid 450 pounds in 2014 after the ruling.
The adjudicator tried to say I had no chance of winning with the ombudsman as the business does not have to accept my iva.
Tried to explain the ins and outs of an iva but got nowhere with her so I asked for my case to go to the ombudsman on the basis that since 2008 I had had no contact so it must have been on my iva.
I had no reason to leave it off and anyhow the business should have been bound by my iva terms .
Last week I won my case #128516;
The ombudsman said the business were bound by the terms of my iva whether they were on it or not or aware of it or not under section 260 of the insolvency act 1986 and they knew this and I got my money back at lightning speed and 8 per cent interest and 100 pounds compensation.
So anyone going through the same carry on and don't be put off .
