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reeves55
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by reeves55 » Fri Nov 10, 2017 11:03 pm
Hi All,

Completed a F&F IVA in February, we entered the IVA mainly due to a collapse of a business my wife opened 5 years ago. The business was wound up and this completed during the summer.

Today we have received a letter from a debt collection agency working for EE seeking settlement of the business mobile phone. The letter however is now personally addressed to my wife and they are saying that this is a personal matter and no payments have been made since March 2016, this is correct.

We were sure they were included in the insolvency of the business, they were not part of the IVA, we have not heard anything from them since March 2016 and actually we both have contract with EE.

They have agreed to hold off for 30 days while we check the insolvency however if they were missed form the business are we going to have to pay this. This seems really wrong to the creditors of our IVA who only got 17p in the £.

What do people think we should do please?

Reeves
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luluj
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by luluj » Sat Nov 11, 2017 3:09 am
You will as you say need to get this checked.

If your iva has already concluded and funds distributed to creditors and completion certificate issued then if they were missed you will need to address this directly with them and may be liable for the full amount owed.

Let's hope they were included, had their payment and this is just an error ! Let us know how you go
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Foggy
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by Foggy » Sat Nov 11, 2017 10:05 am
How was the business wound up ? Did it go into administration? Did you take a CVA ? You need to check with whoever dealt with the winding up. If it was not included then, yes, you are still liable for the outstanding balance, unless the ommision can be corrected.
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kallis3
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by kallis3 » Sat Nov 11, 2017 10:11 am
Fingers crossed you can get this sorted.
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reeves55
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by reeves55 » Tue Nov 14, 2017 5:19 pm
Ok thanks for the replies and to update you.

The shop went through a full insolvency, my wife ceased to be a director of the company in March 2016. We agreed a full and final IVA in June 2016 and we received our CoC in February 2017. The insolvency and winding up of the shop was confirmed in the summer of 2017.

The EE bill was not put into the shops winding up and although we have not heard a word from EE since March 2016 and even though we both have EE contracts and recently upgraded our phone this outstanding amount is still valid and it does now lie with us personally. It is not a huge amount of money, it actually just seems unfair to our other creditors who only got 17p in the £ that this stray creditor will get 100p in the £ unless I try and strike a deal to pay a little less.

Either way it is what it is and I am happy to accept we have to settle this amount.
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Foggy
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by Foggy » Tue Nov 14, 2017 5:29 pm
Thank you for the update. At least you can draw a line under this soon.
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