Hello,
I am seeking help on a rather complicated matter that I hope you can assist me with.
Long story short, my former tenant still hasn't refunded my deposit (£800) and has no intention to do so. That is why I am now looking toward a legal action against him (through small claims). Besides he never even protected it in a government approved scheme (he even used a fake deposit certificate that he gave me, I only found out later!) so I'm entitled up to 3x the amount of the original deposit if I go to court.
The thing is, and that is why of course I am asking this here, that he had to enter into IVA last year.
So is it worth going to court (and / or small claims) if he doesn't even have the money that he's ordered to pay me back? If I get added as one of his creditors, how much can I hope to get back? Or can I get my money back outside of the IVA?
I have to add that he owed me that money BEFORE entering into the IVA, I don't know the importance it can have but I thought it would be good to mention.
I think you need to identify who the insolvency practitioner is and contact them to be added as a creditor - you may get something back of the £800, but it will be in line with what was agreed at the outset of the persons iva - you would just "fall in" to the distribution, if accepted as a creditor.
Sharing from experiences of dealing with debt
There is a solution for everyone .... Just need to stay positive !
Hi guys, thanks for your replies. Yes I mean landlord of course, he was my former landlord.
What do I need to do to be added as a creditor? I know I need to find the practitioner but do I need to send him proof he owes me money?
Also if I claim the maximum amount possible (£2400 in that case), would that mean that I get a higher priority / percentage on the monthly payments than if I claim "only" £800?
To be honest I would rather avoid entering into the IVA, or use it as a last resort because it would mean that I will not get back the total amount of what I am due, only a percentage.
If I go to small claims I'm entitled to £800 + interests ; and I can add to that up to £2,400 for non-protection of my deposit (plus court fees if I win). I've spoken to a solicitor who told me I can issue a warrant of control after a court order, to seize his assets outside of the IVA. But the risk is of course that he still has no money to pay me even if he owes me £3,000+ ; whereas if I go through the IVA I am sure to get some money back, but to what extent?
What do you think I should do?
Even if I was not added as creditor?
What about the other person that mentioned that court fees are excluded from IVA?
Surely he just pays a fixed amount of money to the IVA agency, I would probably be able to retrieve money through his job earnings / banks / assets? What do you think
