My ex owes me money & is in an IVA

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carol520
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by carol520 » Tue Mar 27, 2018 8:21 am
Hi, My ex partner owes me about £14000. Some of this is a Loan that he got me take out in my name for him. He does acknowledge he owes me this money. He has been in an IVA for ages but has not sold his house. I have spoken to the person in charge of the IVA and I have put a claim in. He hasn't agreed to my claim - it has been 4 months now. His house is still on the market at the same price. This IVA has been in place for about 2 years....The last creditor to put a claim in before me was nearly a year ago - that was for £80,000. What else can I do?
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Foggy
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by Foggy » Tue Mar 27, 2018 8:51 am
Often what they call associated creditors are not allowed a dividend --- ask the IP if your debt was listed in the IVA. If it was included and it has been agreed that you receive a dividend it will be pennies in the pound.
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Lisa Thomas
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by Lisa Thomas » Tue Mar 27, 2018 9:37 am
Who hasn't agreed your claim - The Supervisor?

Often they don't adjudicate claims until they are ready to pay a dividend.

Unfortunately there is little you can do as you are an unsecured creditor so your only hope of getting any money back is through the IVA.

It might be that the Supervisor will not pay a dividend until the end of the IVA, which will be after 5 or 6 years.

You should have had a copy of the IVA proposals at the start so you can check this and you should be receiving annual reports form the Supervisor.

Did you vote on the IVA at the start??
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carol520
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by carol520 » Wed Mar 28, 2018 8:03 am
Lisa Thomas wrote:
Who hasn't agreed your claim - The Supervisor?

Often they don't adjudicate claims until they are ready to pay a dividend.

Unfortunately there is little you can do as you are an unsecured creditor so your only hope of getting any money back is through the IVA.

It might be that the Supervisor will not pay a dividend until the end of the IVA, which will be after 5 or 6 years.

You should have had a copy of the IVA proposals at the start so you can check this and you should be receiving annual reports form the Supervisor.

Did you vote on the IVA at the start??




the supervisor of the IVA has said he hasn't accepted my claim yet but he didn't think it would be a problem. I have been told that when he is in receipt of the monies he will find out what is actually owed. I put my claim in after the IVA was set up so I haven't received a copy of the proposals or annual reports and no I didn't vote.
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Lisa Thomas
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by Lisa Thomas » Wed Mar 28, 2018 8:25 am
The Supervisor will not adjudicate claims unless and until a dividend is payable in the IVA, which as I said above may be a few years. Make sure you keep all documentation to support your claim.
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carol520
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by carol520 » Wed Mar 28, 2018 8:46 am
Thank you - I have all the documentation to support my claim and bank statements to show where the money went.
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