Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?

Get expert opinion. This is the place for new questions to be posted.
10 posts Page 1 of 1

paula330

User avatar
Posts: 3
Joined: Tue Jan 03, 2017 4:35 pm

Post by paula330 » Tue Jan 03, 2017 4:35 pm
I recently received a cheque relating to an old IVA that i had with debt free direct saying that the creditor had not claimed the debt. The IVA started in 2005. Am I ok to cash this cheque or do I need to wait in case the creditor comes back to claim.

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Tue Jan 03, 2017 4:42 pm
If you have had the completion certificate, which I assume you will have if your IP is making refunds, then the creditor has missed the boat and cannot come to you for the money.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

Lisa Thomas

User avatar
Industry Expert
Posts: 7759
Joined: Wed Dec 03, 2014 10:26 am

Post by Lisa Thomas » Wed Jan 04, 2017 9:06 am
Your Supervisor would not have sent it to you if you weren't entitled to bank it.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk

Laura.Harrop

User avatar
Industry Expert
Posts: 112
Joined: Thu Sep 03, 2015 8:10 am
Location: United Kingdom

Post by Laura.Harrop » Thu Jan 05, 2017 9:42 am
Hi Paula330,
Please drop me an email (address is in my profile), with all your contact details and I will get in touch to discuss this with you further.
Look forward to speaking to you soon.
Regards,
Debt Free Direct
DFD Forum Expert
Debt Free Direct

kallis3

User avatar
Forum Expert
Posts: 77172
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Thu Jan 05, 2017 11:19 am
Hopefully this will be sorted in your favour.
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

paula330

User avatar
Posts: 3
Joined: Tue Jan 03, 2017 4:35 pm

Post by paula330 » Thu Jan 05, 2017 7:57 pm
Laura.Harrop wrote:
Hi Paula330,
Please drop me an email (address is in my profile), with all your contact details and I will get in touch to discuss this with you further.
Look forward to speaking to you soon.
Regards,
Debt Free Direct

Hi,
Thanks for your reply, can you offer me some advice please?
Paula

kallis3

User avatar
Forum Expert
Posts: 77172
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Thu Jan 05, 2017 8:00 pm
Have you emailed Laura?
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

paula330

User avatar
Posts: 3
Joined: Tue Jan 03, 2017 4:35 pm

Post by paula330 » Thu Jan 05, 2017 8:02 pm
Hi,
I seem to be getting nowhere fast with this. If the creditor has turned the money down several times, can they still chase me for the money?
Paula

Michael Peoples

User avatar
Industry Expert
Posts: 15189
Joined: Mon Nov 03, 2008 12:36 pm
Location:

Post by Michael Peoples » Fri Jan 06, 2017 9:05 am
Unclaimed dividends are either distributed among the other creditors or returned to the debtor if it is uneconomical for the IP. You would normally be given a list of the creditors who were owed money and it is then up to you to divide the funds out. In reality it rarely happens and in the odd occasion I can only assume the debtor keeps the money. The creditor cannot pursue you for the debt that was included within the IVA but ask your previous IP for their advice as to what to do with the cash.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
http://www.mccambridgeduffy.com
If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com

Lisa Thomas

User avatar
Industry Expert
Posts: 7759
Joined: Wed Dec 03, 2014 10:26 am

Post by Lisa Thomas » Wed Jan 11, 2017 4:20 pm
Per my earlier post your Supervisor would not send you the funds if you weren't entitled to them. The creditors will have had notices of the final dividends and would be omitted from them if not claimed in time.
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
10 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”