I had a sole tenancy where a friend of mine who had an IVA moved into the spare room during the tenancy and paid me rent, I then wanted to move on and he agreed with the landlord to change and start a new tenancy in his name, he agreed to take all the white goods, carpets and furnishings and agreed to pay me £1300 plus he wanted to keep the cable tv on so as it was in my name and on a 18 month deal with 4 months to go I just asked him to pay me the line rental plus any calls to which he agreed He signed the new tenancy and moved in his girlfriend A year later I am still waiting for payment and now he says to take him to court, if I do won't this break his IVA agreement and can I instead go for bankruptcy?
I think on the face of it, it seems you are now just another creditor, you can't make him bankrupt when he is in an IVA and certainly when he owes you £1300, it would cost you much more than that to make him BR anyway. You need to have a look at the Insolvency register to see who his IVA company is and contact them, however you will have to provide proof he owes you this money to be listed as a creditor and receive dividend
This is a new debt after he committed to an IVA with those debtors who agreed to it Do I then have to start from new and just put him in the small claims court?
You need to speak to his IP company in the first instance and inform them of this debt. It nay well be that they fail his IVA because of it and you are then free to pursue it. Be guided by them.
Bellers I would check the register first as his IVA may have completed and if not this could fail his IVA if you can prove the debt good luck and keep us posted
This debt cannot be included into the IVA as it was incurred after the IVA was accepted. You have the usual remedies against him, but I would beware throwing good money after bad in Court. If you do manage to get judgement against him, and he is employed, an attachment of earnings order could be the cheapest and best way of enforcing and collecting the debt.
