Creditors who did not vote

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sazzysue

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Post by sazzysue » Thu Jan 29, 2009 1:06 pm
Our IVA was accepted 7th Jan 2009. We received a letter from the IP advising of the changes we agreed and they advised of the creditors who voted yes.

The creditors that did not vote are they still in the IVA, as all the big creditors voted yes and the IVA was approved?
 
 

rayb

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Post by rayb » Thu Jan 29, 2009 1:24 pm
Hi,

If they did not vote but were aware (on the list) then that is there choice. As long as you get a 75% vote the IVA is accepted and Creditors are then bound by it
 
 

flumpy dog

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Post by flumpy dog » Thu Jan 29, 2009 2:17 pm
hi sazzy
rays correct.
if they were listed and informed they are bound-even if they chose not to vote
i had the same with mine-some didnt bother voting but they are still bound.
 
 

soreloser

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Post by soreloser » Thu Jan 29, 2009 3:34 pm
What if a creditor that represents more than 25%of value fails to vote? The value of the vote will be less than 75% - possibly a lot less.

What happens then?
 
 

kallis3

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Post by kallis3 » Thu Jan 29, 2009 3:40 pm
Good question.

If they do not vote, I think they are deemed to have accepted, so it should go through ok.

Not 100% sure on that though.
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Michael Peoples

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Post by Michael Peoples » Thu Jan 29, 2009 3:51 pm
If 75% of the amount of money that votes is in favour the IVA is approved whether the others vote or not. I once had an IVA approved on a £90.00 Christmas hamper out of total debts of £44k. The others were bound as they had the right to vote but did not exercise it.
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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size5

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Post by size5 » Thu Jan 29, 2009 4:34 pm
Nice to see Christmas Hampers getting a good press for a change Michael!!

Regards.
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Michael Peoples

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Post by Michael Peoples » Thu Jan 29, 2009 4:47 pm
Funny thing was that the debtor had ordered another one for the next Christmas and hadn't paid for the first one!
Michael Peoples | McCambridge Duffy Insolvency Practitioners
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If you would like to talk to me about proposing an IVA or have any questions at all please visit www.mccambridgeduffy.com
 
 

kallis3

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Post by kallis3 » Thu Jan 29, 2009 5:09 pm
[:D][:D][:D]
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
 
 

soreloser

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Post by soreloser » Thu Jan 29, 2009 5:13 pm
75% of the money THAT VOTES....

I see now - thanks.
 
 

MelanieGiles

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Post by MelanieGiles » Fri Jan 30, 2009 12:14 am
And Michael will also remember the IVA that we both worked on (when we were colleagues) that got accepted on the basis of a £40 dentist's bill! 100% at the end of the day.
Regards, Melanie Giles, Insolvency Practitioner
 
 

size5

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Post by size5 » Fri Jan 30, 2009 8:42 am
Dentists eh? Don't you just love 'em? I am still wincing from the near £400 bill I had for a false tooth when I got hit flush by a cricket ball at a very high speed.

They frighten me to death.
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kallis3

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Post by kallis3 » Fri Jan 30, 2009 10:13 am
Ouch! In the mouth and in the pocket!

Double whammy![:D][:D]
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
 
 

UpToMyNeck

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Post by UpToMyNeck » Fri Jan 30, 2009 10:40 am
Sorry, just so I can get this clear in my head? With Michaels example, ONE creditor with a £90.00 interest from a Xmas hamper was the only one to vote out of total debts of £44,000 so because the others chose not to vote, they were deemed to have accepted the IVA??
Non sibi sed omnibus
 
 

size5

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Post by size5 » Fri Jan 30, 2009 10:47 am
They were bound by it as they didn't take the opportunity to voice their objections, if any, and 100% of the votes cast were in favour.

Regards.
Last edited by size5 on Fri Jan 30, 2009 10:48 am, edited 1 time in total.
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