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Small claims tradesman with IVA

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  • 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.

    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


    • #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.


      • #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.


        • #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


          • #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.


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