Unclaimed funds

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NeptuneMoon

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Post by NeptuneMoon » Tue May 25, 2010 8:30 pm
Hi all

I havent posted on here since my IVA was agreed over a year ago, all seems to be going well with the payments etc...BUT...

I have received my yearly statement and on it 5 out of 7 creditors were given 28 days to lodge a claim for the funds otherwise they would be split between the other firms????
Now what shocks me is out of say £20,000 debt the two that HAVE lodged their claim stands at about £3000..... This letter is well over 28 days old now so what happens if they havent lodged their claim???

Surely they cant split my proposed 17000 payback over 5 years between two creditors worth £3k????

If they dont lodge a claim can I just pay back the two that have what I own them and conclude the IVA???
 
 

MelanieGiles

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Post by MelanieGiles » Tue May 25, 2010 8:38 pm
Well technically they probably can - but I would have thought that just a little more effort ought to be put into the process of finding out why claims have not been submitted.

Ask your IP to confirm exactly what their stance is on this, and importantly where you all go from here.
Regards, Melanie Giles, Insolvency Practitioner
 
 

NeptuneMoon

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Posts: 13
Joined: Mon Jun 23, 2008 10:32 am
Location: United Kingdom

Post by NeptuneMoon » Tue May 25, 2010 8:44 pm
I have never really paid any attention to the paperwork before, just paid the money and been thankful that my situation is better than what it was over a year ago, but now my life seems to be changing a little and the time might be coming to offer a F&F so I have started research again and this has just hit me like a hammer as I really may need to make an offer soon if they havent made any claim then surely a F&F offer will be a little easier to get accepted.
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