• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Small claims tradesman with IVA

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Small claims tradesman with IVA

    Hi there

    I am having to take a tradesman, not limited to court for poor work. It has taken me a while to track him down and I have found his address to serve a CCJ. However, I have since found him on a I VA list. I contacted the people who are dealing with it. They will not put me on the unsecured creditors list without an official CCJ . Is this correct?The tradesman is well aware of all my costs incurred to put his work right, so I will have to do the court route. I may not get anything but feel this is my only option.?
    the Insolvency team will not give any closing dates on his IVA. The courts will take few months.

    He has started up a limited company up, so I am hoping if I get judgement against him
    this will affect his credit rating.

    Thanks
    Tags: None

  • #2
    You need to prove your claim to participate in the IVA (for whatever that may be worth). A court judgement is one way of doing that.

    IVAs generally last 5 years. Surely you can ask if that is the case in this instance.

    The IVA will be recorded on this person's credit record.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Thanks for your reply. Apologies for the delay getting back to you. It looks like the iva started Aug 2019, but they refused to tell me how long it would go on for, even though
      I tried to explain about long delays with the courts, I did not want to be over the time limit, especially as the court fee is quite expensive.

      I think this is my only option. I need to ring the courts to make payment and hope it goes through before it ends. I don't think I will possibly get anything but if the tradesman gers a zcCJ against him, I hope this affects his credit. I have noticed he has started up a limited company up now, not his name.

      Comment


      • #4
        I'm not that familiar with IVAs and I could be wrong about this, but I thought it is up to the debtor to choose which creditors it enters into an IVA with.

        Also, given that the IVA was agreed back in August 2019 and presumably your claim related to events after that date, I am not so sure that the insolvency practitioner overseeing the IVA can simply add you to the list and I would question whether they have the power to do that (a) without the debtor's consent (b) without obtaining consent from all other creditors who agreed to the IVA since their payments may be reduced further or (c) without an order of the court.

        If you were not added to the creditors list then you would be free to pursue the claim in court as well as enforcement options if successful such as bailiffs, third party debt orders and bankruptcy even though they have an IVA in place, though that may not be the best option if there is a long list of creditors with substantial amounts owed.

        Comment


        • #5
          Yes, we were not originally told (maybe the OP did not know at that time) that the IVA dates from 2019.

          The OP can not claim in the IVA. He has to go to court and obtain judgement. But will he be paid?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            atticus rob
            Thanks again for your help and input with this.
            To confirm my issue relates to before the IVA. I had trouble tracking the tradesman down. The Insolvency person did not say anything in regards to your points mentioned about whether their client would accept my claim or say anything about the other creditors, nor about when the IVA would finish. I found out myself later that it started August 2019.

            the only thing they stated was unless it was a court judgement they could not add to the list. I will re check the wording of the email, but the only thing i feel I can do is go down the court route if I want to try make him responsible for the poor work and costs to re do everything.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

            Announcement

            Collapse

            Support LegalBeagles


            Donate with PayPal button

            LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

            See more
            See less

            Court Claim ?

            Guides and Letters
            Loading...



            Search and Compare fixed fee legal services and find a solicitor near you.

            Find a Law Firm


            Working...
            X