Small claims tradesman with IVA

[Sotired]

Sorry for the delay,, JK2054. @ATTICUS
I've only just picked up your message.
I'm not sure how long the IVA is for, I know it started August 2019. so quite a while and have no details. The 30 days for payment is now up, I have not heard anything, which I didn't think I would.

Can you remind me. I apply to the courts for the HCEO?. Do I have to let the tradesman know?
he has started up a limited company now.!

[atticus]

It is unusual for an IVA to last longer than 5 years, and many are ended early. You could sear on the Individual Insolvency Register for details of this man's case - https://www.insolvencydirect.bis.gov.uk/eiir/

How to instruct a HCEO: https://www.hceoa.org.uk/instruct-a-hceo

[JK2054]

Sorry for the delay,, JK2054. @ATTICUS
I've only just picked up your message.
I'm not sure how long the IVA is for, I know it started August 2019. so quite a while and have no details. The 30 days for payment is now up, I have not heard anything, which I didn't think I would.

Can you remind me. I apply to the courts for the HCEO?. Do I have to let the tradesman know?
he has started up a limited company now.!

no to apply for HCE just go to https://dcbltd.com/

DCBL are best by miles

[Sotired]

Hello again JK2054 atticus

I have telephoned the recommended HCEO. They have explained they do not touch any Iva people as waste of time/success.

I have checked the Insolvency link . The trader is still showing up , again from August 2019? The footnote is:

'Individual Voluntary Arrangements will remain visible while they are Current, and for a period of 3 months after the Secretary of State receives notice of the revocation order, full implementation or termination of the agreement'.

The Insolvency practitioner stated when i found the guy, they would not add myself to the list without a court judgement. They wouldn't tell me how long the iva is open for and a previous comment was is ut up to the trader whether I could be added?

Should I contact the iva now I have the court judgement and try or better to wait until the iva ends?. 5 years is almost up. I have read some are 6 years . The practitioner would not give me this information before, so doubt they would tell me now. Thanks

[atticus]

There comes a point where it's anyone's guess whether any particular way forward may lead to you getting any money back.

[Sotired]

Thanks atticus . Yes I realise that, but if I put it to the IVA people, if it is possible and get addedto the list, then if the iva runs out. Can i then still chase it up myself?.hope that makes sense.

[atticus]

Probably not. If you submit a claim in the IVA which is accepted, you will be agreeing to be bound by the IVA, whatever the outcome is.

When did you get your judgement? Consider holding tight for 2 or 3 years after the judgement, but not as long as 6 years. The man's financial position may improve.

[Sotired]

The judgement is July 2024. I may hold on to it then in that case. Thanks again. Appreciate all your help with this. The trader has since started up a limited company, so he probably has everything under that name now.

[Sotired]

atticus
Should I send the person a reminder payment is due or anything?.I know it won't make any difference but at least he can't forget about it?

[atticus]

If you wish.