Who's the IP? If you've informed them that you're a creditor not previously known to the arrangement they have a responsibility to investigate. They might not be able, at this stage, to discuss specifics due to data protection concerns but they should, at the very least, be able get information from you so they can investigate that way. It sounds strange that they're refusing to talk to you at all.
As for whether you can pursue the matter outside the arrangement, as previously mentioned it's highly unlikely you would manage to get s judgement due to the IVA being in place and there would likely be no affordability from the debtor even if you did.
The debt would most likely be bound by the arrangement under Section 260 of the insolvency act 1986 (2b ii) and the IVA protocol, most likely 2016 Part VIII 18 which detail how creditors who did not receive notice are treated and handled.
Hi! I used to work for one of the UK's biggest Insolvency Practitioners - I don't work for an IP anymore but still have an extensive knowledge of the IVA industry. How can I help?
WallE:
Thanks for the interesting reference to the Insolvency Act 1986, I actually found this right below the section you referred me to:
"(2A)If—
(a)when the arrangement ceases to have effect any amount payable under the arrangement to a person bound by virtue of subsection (2)(b)(ii) has not been paid, and
(b)the arrangement did not come to an end prematurely,
the debtor shall at that time become liable to pay to that person the amount payable under the arrangement.]
"
- Does that mean that if I never join the IVA as a creditor, the guy still owes me the money at the end of the IVA (but only the proportion as per the IVA rules)?
- What if he gets a CCJ through court (small claims and / or high court) ; since the order to pay me back will be post-IVA, will it still be bound by the terms of the IVA?
Mon Feb 03, 2020 9:47 amLisa Thomas wrote:
You won't be able to get a CCJ as you are a creditor of his IVA.
You need to send evidence to the IP so they can register you as a creditor and discuss the details of the case with you.
Hey there, so I have been trying to get in touch with the IP of that person, but I only could talk to the receptionist who would not let me talk to the IP or give me any details about the IVA arrangement as I am not registered as a creditor.
I must admit I was unpleasantly surprised. Is this a common practice?
I feel like my best move now is to talk to him to get details about the arrangement, and if I have the permission to sue that person to court outside of the IVA or not, some things that only the IP would know it seems. But if I can't get in touch with him then I truly am in a dead end...
What do you think I should do?
Unfortunately you won't be able to get details about his IP unless your debtor gives permission.
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
You know the debtor's name -- you can drill down through the insolvency register to get the name, postal and email address of the IP. Write by recorded mail, so you have proof of delivery.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Yes I have called the company through the Government Insolvency Register but I only get to talk with someone on the hotline, not the IP himself. However I managed to find the email address of the IP so I am writing to him as we speak, hopefully he will be receptive and understanding of my case. Because if not...
My other option would be to wait until the IVA ends (mid-2024), so I can fully proceed to court. What do you guys think about this? Not the best obviously but better than nothing
Doesn't sound like it - would probably cost a fair bit.
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
Hey guys, thanks again for all your help.
I have had a pretty significant development: I have emailed the IP who answered me this morning.
So he told me that if I get added as a creditor, as per the agreement I shall receive 13.7p/£, which amount to £110 over 5 years (if I claim £800).
But he also told me that should I get a court judgment for a greater amount (for example £3,200 would be the maximum amount should I be awarded £800 from my deposit back + £2,400 which would be 3 times the amount of my compensation for non-protection of my deposit), I can claim it in the IVA which would make it £438 at best.
Of course I am aware that getting such a judgment would incur additional costs, but is it still worth it to retrieve a greater portion of what I am owed? Or would it end up costing me more than what I will receive? 13,7% is indeed quite a small portion...
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
With legal fees being what they are you could see any of the extra monies wiped out and then some. You have to balance what you want in cash returns vs. what you might want in moral recourse terms, factoring in, if extra legal costs are in excess of £330-odd, you will be losing out monetarily, which is a distinct possibility.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
