Is it legally enforceable to pay a debt to a friend after my IVA is finished ?

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anthony813
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by anthony813 » Fri Dec 15, 2017 9:00 pm
I have completed an IVA.
One of the debts was to a friend.
I told him that I would try & pay him the outstanding balance after my IVA finished if I could afford to.
Is this legally enforceable?
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Foggy
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by Foggy » Fri Dec 15, 2017 9:47 pm
If the debt was included in the IVA it is not legally enforceable -- however, if you choose to reimburse him privately after the IVA has concluded that is your business. However, it could have been "set aside" by creditors as an associate debt and not actually included --- was the friend paid any dividend, like the other creditors ?
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anthony813
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by anthony813 » Fri Dec 15, 2017 9:56 pm
Foggy wrote:
If the debt was included in the IVA it is not legally enforceable -- however, if you choose to reimburse him privately after the IVA has concluded that is your business. However, it could have been "set aside" by creditors as an associate debt and not actually included --- was the friend paid any dividend, like the other creditors ?



Yes, he received a dividend like the other creditors.
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Foggy
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by Foggy » Fri Dec 15, 2017 10:33 pm
anthony813 wrote:
Foggy wrote:
If the debt was included in the IVA it is not legally enforceable -- however, if you choose to reimburse him privately after the IVA has concluded that is your business. However, it could have been "set aside" by creditors as an associate debt and not actually included --- was the friend paid any dividend, like the other creditors ?



Yes, he received a dividend like the other creditors.


Then, like the other debts, the debt is officially and legally written off.
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anthony813
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by anthony813 » Fri Dec 15, 2017 10:36 pm
Foggy wrote:
anthony813 wrote:
Foggy wrote:
If the debt was included in the IVA it is not legally enforceable -- however, if you choose to reimburse him privately after the IVA has concluded that is your business. However, it could have been "set aside" by creditors as an associate debt and not actually included --- was the friend paid any dividend, like the other creditors ?



Yes, he received a dividend like the other creditors.


Then, like the other debts, the debt is officially and legally written off.


Thanks
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MerlinL14
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by MerlinL14 » Sat Dec 16, 2017 10:58 am
Are you using the term 'friend' loosely?
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anthony813
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by anthony813 » Sat Dec 16, 2017 3:13 pm
MerlinL14 wrote:
Are you using the term 'friend' loosely?


Maybe.
He was kind enough to lend me the money & if I could, I would repay him in full.
I have paid him some monies after the IVA & will pay him more when I can afford to.
However he is insisting that I have a legal obligation & I just wanted to know where I stood.
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