www.iva.co.uk

I have been through an IVA and it was completed last year and creditors were paid out. I have since found one creditor that was not included in my IVA and I never realised I owed them money 5 years passed and now they are after the debt is there anything I can do about it

There is every possibility that the debt is, or will soon become, statute barred if it has not been acknowledged for 6 years.

I would certainly ignore it.

Thanks for the reply will this still be valid now as I have contacted them

Topics merged --- Andrew, you need to respond on the original thread, not start a new topic, otherwise it gats confusing.

If you have admitted the debt you could have reset the statute barring period, allowing them to pursue the debt.
Was it totally forgotten about when you took out your IVA or was it included, but they simply never responded to it ? If it was totally left out then i believe they can pursue the debt and you have to come to some repayment agreement.

I would initially supply them with paperwork showing you have been in a successful IVA as long as the debt was pre your IVA being accepted. Depending on the size of the debt they may accept this and write off the debt.
I would also speak with your previous IVA supervisors who should be able to give you advice on how to handle.
Hope this helps

Was the debt incurred prior to the IVA? If so it would have been included, even though you didn't know about it, the creditor would still have been bound by the IVA terms.

They can challenge but will have to apply to Court for this.

Fri Jan 24, 2020 9:11 amLisa Thomas wrote:

Was the debt incurred prior to the IVA? If so it would have been included, even though you didn't know about it, the creditor would still have been bound by the IVA terms.

They can challenge but will have to apply to Court for this.

Lisa, surely this would apply if the debt was less that 10% of the total --- which, of course, it might have been. But, if the debt is more than 10% the creditor should agree to inclusion, or be given the opportunity to challenge, as well as the other creditors being able to reconsider the lowered overall dividend.

Yes, sorry I thought I had added that sentence.