Could anyone advise - can other debts be added to an IVA after it is set up and been running for a year or so.
I had historical bills to pay which were not added to the iva as i wanted to keep them separate but included in mi I & E report to the IP.
However i am struggling to pay the amount agreed with them and wanted to add 2 outstanding debts to the plan.
Can anyone advise thanks
I am not sure either, but I was under the impression that all unsecured debts had to be added to an IVA at the beginning. I didn't think you could leave any out.
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On what basis did you exclude the creditors in question and, importantly, were the IVA creditors aware of the exclusion and equally importantly were the excluded creditors aware of the IVA?
Ian Millington
Insolvency Director
PDHL Ltd (formerly Personal Debt Helpline Ltd) www.pdhl.co.uk
If the creditors were creditors who were entitled to receive notice of the meeting, they can be included in the IVA now, but your IP and the creditors concerned will probably be pretty fed up that you did not declare them.
It does not seem to me that you were terribly well advised by the firm acting for you - especially as you say that you have been including ongoing payments to them in your income and expenditure account.
Stricly speaking all creditors whether receiving notice or otherwise are caught in the IVA. The fact that you failed to disclose to your IP (but included within your I&E) appears odd. Creditors could complain and your IVA could fail on the basis of you deliberately not informing them (material non-disclosure). My advice is to get your Supervisor to propose a variation explaining why you excluded those creditors and to invite them all to accept a reduced dividend or extend your proposal for a further 12 months giving a reasonable dividend to all and allowing you to live.
Last edited by David Mond on Tue Oct 21, 2008 6:04 pm, edited 1 time in total.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
after my iva was accepted a couple of debts came up that i forgot about, correct me if i am wrong as long as its not more than10% of the total debt, this is accepted
Normally yes if it was a Protocol compliant IVA entered into after 1st February this year
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
It depends upon the actual wording contained in your own proposal James - yours would not have been protocol compliant, but the terms that David refers to have long been used by a lot of IPs in their standard proposals, or put forward by way of creditor modifications, so do take a look to be sure.
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
Hi David - here we are again! Just got back from a trip to my Belfast office, where we had a very interesting Article 84 (NI version of S98 meeting) today!
Regards, David Mond, Insolvency Practitioner for over 46 years. Personal Insolvency Practitioner of the year 2012, Personal Insolvency Practitioner of the year finalist 2013 & 2014 awarded by Insolvency & Rescue Magazine and 2015 finalist for Personal Insolvency Firm of the Year.
