Owes me money but in an IVA

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kyle118
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by kyle118 » Thu Sep 06, 2018 6:12 am
Hi i took an ex employee to court for monies they owed my company when they took off and walked out if the job. (Lent him money to stop being evicted) I was awarded judgement and a ccj raised plus warrent and just found out they are in and were in an IVA the court bailiff is chasing him and i have jist found out he is in an IVA where does that leave the money he know owes me ?
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Foggy
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by Foggy » Thu Sep 06, 2018 6:49 am
You need to contact his Insolvency Practitioner and this could derail his IVA, depending on the amounts and circumstances, if you weren't included in the arrangement or if the debt arose during the IVA.
As for repayment ... if the debt was before the IVA started, you should have been included and would get back pennies in the pound, but cannot chase or enforce. The IP should have contacted you. If the debt arose during the IVA you could chase and try to get back all of it, it is not protected by the arrangement, but, this could derail the IVA.
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kallis3
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by kallis3 » Thu Sep 06, 2018 7:49 am
You can find his IP details on the Insolvency Register.
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kyle118
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by kyle118 » Thu Sep 06, 2018 11:55 am
kallis3 wrote:
You can find his IP details on the Insolvency Register.

Just spoke to his IVA provider as this debt occurred over a year after his IVA was set up it can not be added and i am free to chase the debt they didnt seem bothered even when i said if i didnt get my money or any wsy of getting it i would look into bankruptcy. I did think they might listen at that point but no
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Foggy
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by Foggy » Thu Sep 06, 2018 12:00 pm
kyle118 wrote:
kallis3 wrote:
You can find his IP details on the Insolvency Register.

Just spoke to his IVA provider as this debt occurred over a year after his IVA was set up it can not be added and i am free to chase the debt they didnt seem bothered even when i said if i didnt get my money or any wsy of getting it i would look into bankruptcy. I did think they might listen at that point but no


I believe the debt has to be in excess of £5k for you to bring BR proceedings. If you already have a ccj in your favour you could consider the High Court to enforce collection, if he has any assets worth the trouble.
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kyle118
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by kyle118 » Thu Sep 06, 2018 12:12 pm
Foggy wrote:
kyle118 wrote:
kallis3 wrote:
You can find his IP details on the Insolvency Register.

Just spoke to his IVA provider as this debt occurred over a year after his IVA was set up it can not be added and i am free to chase the debt they didnt seem bothered even when i said if i didnt get my money or any wsy of getting it i would look into bankruptcy. I did think they might listen at that point but no


I believe the debt has to be in excess of £5k for you to bring BR proceedings. If you already have a ccj in your favour you could consider the High Court to enforce collection, if he has any assets worth the trouble.

Yes just checked and you are right £5000 is bankruptcy threshold. I have already spoken to high court enforcement and paid the fee I am now arguing with them that tge IVA can not include my debt and they should chase it in. They were concerned it would be included in the IVA and refused to chase the debt in
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