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Posted: Mon Jan 19, 2009 4:05 pm
by floridaholiday
just received my annual report which states:.

Claiming in the arrangement.

Any creditor in the original proposal who has not submitted a proof of debt or supporting documentation has been included in the outstanding claims column in appendix 11.

If I do not receive a statement of claim together with supporting documentation (ie statements etc) by 28th February 2009 then such creditors may be excluded from the arrangement (Rule 11.3 (2)

What happens in this instance do they not get any money, but then can they still chase us for money

Posted: Mon Jan 19, 2009 4:40 pm
by Michael Peoples
If they do not claim they are out and the money is divided among your other creditors. They cannot pursue you now or in the future.

Posted: Mon Jan 19, 2009 6:20 pm
by Kazz
You'll probably be surprised how many creditors don't actually complete a claim form.
You remain protected from them due to your IVA, and they cannot come back to you during or after the IVA.

Posted: Mon Jan 19, 2009 6:27 pm
by floridaholiday
thanks for your replies, that is reassuring to know that they can not persue you. Makes me laugh though all the hassle you get off the creditors demanding money off of you making your life a misery, and then in the end they do not even put in a claim for their money.

Posted: Mon Jan 19, 2009 9:31 pm
by MelanieGiles
In my experience it is actually quite rare for creditors not to claim, but we do end up doing a lot of chasing to ensure that they get paid their dues.

Posted: Tue Jan 20, 2009 12:14 pm
by plasticdaft
I assume that if a creditor doesnt make a claim the remaining creditors get an increased share of the spoils?

Posted: Tue Jan 20, 2009 12:16 pm
by kallis3
Yes they do.