Hi, i was wondering if you could answer a query for me. We are suppliers of commercial catering equipment and we have been trying to claim monies from one of our customers through the courts and moneyclaim. The bailiff has written to us to advise that the customer has an IVA. Can you please advise what further action we can take, if any?
I am assuming that you were not notified of your customer's IVA when they entered into it? If this is the case, then you can agree to be bound under the terms of the IVA, or if your claim is material - ie if you had been made aware of the IVA and voted against you could have altered the outcome, then you could see the arrangement overturned on grounds of material irregularity.
Was your claim against a limited company in which the person in the IVA had given a personal guarantee? Or was the lending taken out after the person entered into their IVA?
