Can an absent creditor appeal ?

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Peter.w

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Post by Peter.w » Sun Jan 29, 2012 2:40 pm
If a creditors meeting is held and a creditor with more than 25% of the of debt does not `attend/vote'(after being served due notice of the date) but all the remaining creditors accept will that have a bearing on the outcome? Or can the absent creditor appeal?
 
 

kallis3

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Post by kallis3 » Sun Jan 29, 2012 2:50 pm
Hi and welcome.

Doesn't matter if they vote or not - if the ones that vote on the day agree then all creditors are bound by the IVA.
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
 
 

kazzafunk

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Post by kazzafunk » Sun Jan 29, 2012 3:15 pm
Hi Peter and welcome to the forum.

As Jan says - if they don't vote then it's tough.
Kazza

Please visit my blog:
http://kazzafunk.blogs.iva.co.uk/

IVA completed 21/03/2012
 
 

langerbridge

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Post by langerbridge » Sun Jan 29, 2012 7:49 pm
A creditor who doesn't vote will be treated as a yes.
The road is 72months long starting September 2010.
 
 

MelanieGiles

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Post by MelanieGiles » Mon Jan 30, 2012 12:17 am
That is not correct langerbridge. Creditors who do not vote are not deemed to have taken part in the voting process at all.
Regards, Melanie Giles, Insolvency Practitioner
 
 

DragonKeeper360

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Post by DragonKeeper360 » Mon Jan 30, 2012 9:51 am
Mel,

could you clarify please? In the case of an absent vote what happens if they hold more than 25% of the debt?

E.g. 4 creditors, 1) £15k 2) 20k 3) 10k 4) £15k

Creditor number 2 holds 33% (by value) of the total debt, what would happen if they abstain? is their £20k knocked off the total, so only 75% of the remaining £40k is required, or would the vote automatically fail?

Thanks in advance

DK
 
 

kallis3

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Post by kallis3 » Mon Jan 30, 2012 9:58 am
On the day of the meeting it is 75% by value of the creditors that vote on the day that sway the vote.

Anyone who doesn't vote, regardless of the amount they hold, are still bound by the IVA.
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
 
 

DragonKeeper360

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Post by DragonKeeper360 » Mon Jan 30, 2012 10:44 am
Thanks, Kallis

I'd got a feeling that that was the case, but the pessimist in me was saying that if a mojor creditor abstains then we're up sh*t creak.

I'll tell my pessimistic side to 'do one'.

Thanks again.

DK
 
 

kallis3

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Post by kallis3 » Mon Jan 30, 2012 11:56 am
That's the best thing to do!!!!! You are totally covered once the IVA has been approved.
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
 
 

Peter.w

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Post by Peter.w » Mon Jan 30, 2012 6:31 pm
Thank's all for your advice so it's happy days `ish'
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