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Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Tue Jan 03, 2017 4:35 pm
by paula330
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.
Re: Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Tue Jan 03, 2017 4:42 pm
by Foggy
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.
Re: Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Wed Jan 04, 2017 9:06 am
by Lisa Thomas
Your Supervisor would not have sent it to you if you weren't entitled to bank it.
Re: Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Thu Jan 05, 2017 9:42 am
by Laura.Harrop
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
Re: Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Thu Jan 05, 2017 11:19 am
by kallis3
Hopefully this will be sorted in your favour.
Re: Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Thu Jan 05, 2017 7:57 pm
by paula330
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
Re: Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Thu Jan 05, 2017 8:00 pm
by kallis3
Have you emailed Laura?
Re: Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Thu Jan 05, 2017 8:02 pm
by paula330
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
Re: Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Fri Jan 06, 2017 9:05 am
by Michael Peoples
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.
Re: Can I cash a cheque relating to old IVA as creditor has not claimed the debt ?
Posted: Wed Jan 11, 2017 4:20 pm
by Lisa Thomas
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.