Hiow can I get my money back ?

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tugs
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by tugs » Mon Oct 23, 2017 7:01 pm
I have got a hearing very soon and the defendant got an IVA well before my case. How can I get my money back from him.
thank you
Last edited by tugs on Tue Oct 24, 2017 6:07 am, edited 1 time in total.
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Foggy
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by Foggy » Mon Oct 23, 2017 7:09 pm
If you are a creditor you need to contact his / her IP and, assuming the debt existed when the IVA was started you should have been included and be receiving a dividend..
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tugs
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by tugs » Tue Oct 24, 2017 6:07 am
Foggy wrote:
If you are a creditor you need to contact his / her IP and, assuming the debt existed when the IVA was started you should have been included and be receiving a dividend..



thank you very much for your respond. I guess I have to ask the court to get more info about his financial situation as I know very little about him.
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kallis3
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by kallis3 » Tue Oct 24, 2017 7:45 am
You can find his IP's details on the Insolvency Register. Just put in his name and it should bring his details up.
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Lisa Thomas
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by Lisa Thomas » Tue Oct 24, 2017 1:24 pm
When was the debt incurred? If pre IVA then possibly little point in continuing with the proceedings. You should have had notice of the IVA...

If post IVA then your debt will be a new one and will not be included in the IVA - however the fact they are in an IVA means they are insolvent and possibly little ability to pay you.
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tugs
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by tugs » Tue Oct 24, 2017 3:46 pm
Lisa Thomas wrote:
When was the debt incurred? If pre IVA then possibly little point in continuing with the proceedings. You should have had notice of the IVA...

If post IVA then your debt will be a new one and will not be included in the IVA - however the fact they are in an IVA means they are insolvent and possibly little ability to pay you.

Thank you for your respond. I have not got a clue about his financial situation ( I am guessing before me and not sure how long he has to go) however after our hearing there will be a court order for payment to myself and not sure if there is anyway that I can get my money from him.
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tugs
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by tugs » Tue Oct 24, 2017 3:47 pm
kallis3 wrote:
You can find his IP's details on the Insolvency Register. Just put in his name and it should bring his details up.

Thank you will look into that
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tugs
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by tugs » Tue Oct 24, 2017 4:12 pm
tugs wrote:
kallis3 wrote:
You can find his IP's details on the Insolvency Register. Just put in his name and it should bring his details up.

Thank you will look into that

Hi ya, yes I found his details finally. His Iva date is going back to 2013 so I reckon I won't be in it then
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Foggy
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by Foggy » Tue Oct 24, 2017 4:24 pm
tugs wrote:
tugs wrote:
kallis3 wrote:
You can find his IP's details on the Insolvency Register. Just put in his name and it should bring his details up.

Thank you will look into that

Hi ya, yes I found his details finally. His Iva date is going back to 2013 so I reckon I won't be in it then


So, I assume you lent to him after the IVA started. It will be a new debt and you can therefore enforce it. If it is substantial it could derail the IVA altogether.
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tugs
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by tugs » Tue Oct 24, 2017 4:40 pm
Foggy wrote:
tugs wrote:
tugs wrote:
Thank you will look into that

Hi ya, yes I found his details finally. His Iva date is going back to 2013 so I reckon I won't be in it then


So, I assume you lent to him after the IVA started. It will be a new debt and you can therefore enforce it. If it is substantial it could derail the IVA altogether.


Thank you I'm little bit relived now. He has done some work for me and I paid for it. Then the work failed and I asked him to pay for my cost and he refused it and I took him to the court. After the hearing what should I do? as if I am not mistaken, I have got couple of option to choose to get my money back.
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Lisa Thomas
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by Lisa Thomas » Wed Oct 25, 2017 8:11 am
If he doesn't pay then you can pay to send in the bailiffs. Depending on the amount of the CCJ you could issue a statutory demand with a threat to then issue a petition to make him bankrupt (but this will be expensive and possibly not cost effective to do but could be a useful threat to get payment). You could apply to Court for a charge on his property, if he owns one. Again this depends on the level of debt as to whether it is worthwhile.
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tugs
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by tugs » Wed Oct 25, 2017 11:30 am
Lisa Thomas wrote:
If he doesn't pay then you can pay to send in the bailiffs. Depending on the amount of the CCJ you could issue a statutory demand with a threat to then issue a petition to make him bankrupt (but this will be expensive and possibly not cost effective to do but could be a useful threat to get payment). You could apply to Court for a charge on his property, if he owns one. Again this depends on the level of debt as to whether it is worthwhile.

Hi Lisa, thank you very much for your respond. He is renting at the moment and he owes me less than £5k. I would first try the bailiffs if not works I may need to get a legal help as so many laws and regulations that I have not got a clue.
Much appreciated for all the responds that I received.
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Lisa Thomas
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by Lisa Thomas » Wed Oct 25, 2017 11:57 am
You would go back through the county court to instruct the bailiffs and its a simple online process which I suspect you have already gone through to get to this point.

Once you have your award to log in again and go to the next step.
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tugs
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by tugs » Wed Oct 25, 2017 3:14 pm
Lisa Thomas wrote:
You would go back through the county court to instruct the bailiffs and its a simple online process which I suspect you have already gone through to get to this point.

Once you have your award to log in again and go to the next step.


Thank you very much as I have got a hearing next Wednesday and will follow from there.
Will do
Cheers
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