Skippy with the greatest of respect and I do mean that, I don’t think it’s your place to dictate to any other poster what they must do, you can of course say what you would do, of course
As has been documented on this site those who have been asked post IVA and said no have got a good mortgage deal and those who have said yes have not. I think it's down to the individual to make the right answer for him or her self, as they see fit. The "statute of limitations" says that unsecured debt post six years from last payment not only forever unrecoverable it is removed from your credit record, so in purpose, it is as if it never existed.
Aron.1 I would not let your old IVA blight your life, you can always use a broker such as Ryan in the members section to help you navigate your way through lending needs you might have
Just check that all trace of your IVA and defaults have gone from your CR check all three agencies and then you should be more or less sorted
If the mortgage company asks have you ever been in an IVA and you lie that can be mortgage fraud so I agree with Skippy. Use a broker who knows their stuff and honesty can still get you that mortgage.
Once upon a time I was convicted of cultivating an illegal drug. I was Told at the time that after a period it would not be held on my criminal record. BUT I was told it would stay on the Police computer for ever.
Years later after being repeatedly asked by car insurance companies (for instance), "have you ever..." I started to do so homework. Obviously if you don't tell the truth for the likes of car insurance you may as well not have it..
It turns out the question they ask "..ever.." in a court of law would be interpreted as "are you within the time frame of which you must declare it".
I am sure about this fact. I know it has been taken to court and the Insurance company was told 'they can only ask mandatory questions that are concurrent with the law at that time in order to decide the cost of an insurance premium, and not make there own law'
I don't know, but I guess the insolvency register is easier to access then the national police database, but the same situation regards to declaration of the fact will apply.
Hi my understanding is the same as skippys and its the devil in the detail of the question.
ben10 - I believe its the rehabilitation of offenders act your referring to and its specifically for offenders so thats why the diffsdent rules apply.
I do think its very unfair though because we are not given that second chance if people choose to ask those questions. I understand that theres a move by spme employers to ask this as part of pre employment checks..well if they don't want to give people a chance then I wouldnt want to work for them anyway! !!
Cm x
font size="1" face="Verdana, Arial, Helvetica">quote:<hr height="1" noshade>Originally posted by ben10
It turns out the question they ask "..ever.." in a court of law would be interpreted as "are you within the time frame of which you must declare it".
Is there anything official to back this up in law, as it's a interesting point.
I do know that banks keep records, long after the data has gone from your credit file. Apparently the Insolvency Service also have a record of the cleared IVA and this data goes back some 20 years.
Whatever you decide, know that www.nhunter.co.uk will keep records of applications so if you're inconsistent with answers this could be marked as mortgage fraud. So be very careful.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
Interesting point raised by Ben10, but, does, require further scrutiny. As Clair mentions this is relative to the Rehab act, and this act does have exceptions to this rule, whereby, for some applications, you DO have to declare "spent" offences.
The bottom line lies with your own conscience and whether you want to "enjoy" your new home knowing that it could be whipped out from under you at any time.
Law, statute or whatever else exists there is a small declaration on applications along the lines of "The information given above is correct". Followed by "False information can result in the withdrawal of the mortgage at any time".
An application form forms the basis of the subsequent contract, if proved to be false, so, too, is the contract.
Yes, many people have and many people will get away with it. At the end of the day it is entirely down to the applicant.
There isn't one among us who hasn't told the odd whopper -- just be mindful of the consequences.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
If the definition is in relation to just the Rehab Act then we are back to square one.
If in a court of law the use of "ever" is interpreted as "within the time frame of which you must declare it" then is "ever" in the eyes of the law a never ending date or a "reasonable" period after completion, that's the question I have?
There is one particular building society that is only interested in knowing if the IVA completion date is less than x number of years ago. So I moved my banking and savings to them as in the process of getting a deposit together myself and can truthfully answer their question with no.
Last edited by TheMatrix on Sat Jun 15, 2013 9:47 am, edited 1 time in total.
We're willing to wipe the slate clean, give you a fresh start. All that we're asking in return is your cooperation.
I looked after some stolen Christmas cards when I lived in London a few years for someone and ended up in court in 1986. A small fine. And moved bad to Hull thinking it was minor. When I got my job in the NHS 18 years later I needed a Police check but I signed "no criminal convictions" thinking it would not come up. But it came up on the search as "theft and burglery" (I never stole them! I looked after them for someone). I could have lost my job. My boss cleared it through HR and I kept my job. He even saw the funny side. Luckily when I switch jobs its always internal so dont need the check again. But you would think it would have been squashed or spent by now. Not had a further Police check since 2004
