I am a creditor, i was not informed of the debtors iva

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jason762
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by jason762 » Fri Sep 08, 2017 12:03 pm
Hi
I am a creditor. I am owed just under £3000. I had obtained a CCJ that was passed to the high court. The debtor has agreed with the bailiff to make weekly payments (£35/wk) that were being paid. Two weeks ago, the debtor informed the bailiff that they were now in an IVA and had made their first payment to the IP. The person is listed in the insolvency registered as having obtained an IVA. However, both myself, nor the bailiff company (who is also owed fees) has received any correspondence whatsoever from the debtor, or the IP either before the IVA was obtained (or since, with exception of the telephone mentioned above.

The bailiff has tried to contact the debtor to seek clarification without success. How does the situation with the IVA stand, that not all creditors have been informed prior to the IVA being obtained. What action should be taken?
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Michael Peoples
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by Michael Peoples » Fri Sep 08, 2017 12:58 pm
Debts left out as a result of a genuine error or omission would be included within the IVA if their vote would not have affected the outcome. You need to speak with the IP and ask why you were not informed as the debtor must have known of the debt when the papers were drafted. You could argue this was a material irregularity although I cannot understand why such a relatively small debt would have been ignored when the likelihood is that there were much bigger creditors.
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