Small claims tradesman with IVA

[Sotired]

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

[atticus]

If you wish.

[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?

[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.

[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]

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]

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

[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

[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

[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

[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.!

[JK2054]

are they in breathing space? is the IVA approved by the court?

if not id be sending in HCEO to take what they can get

[Sotired]

This debt does not come within the IVA, which pre-dates your judgement by a few years.

The issue itself dates back to 2018.


And do you really want the peanuts that unsecured creditors generally get out of a debtor's IVA?

That's what I was thinking, would I get anything at all.

Had to look what HCEO meant Would you say this 8s the best option, wait the 30 days or do I then apply to the court again?

[atticus]

This debt does not come within the IVA, which pre-dates your judgement by a few years. And do you really want the peanuts that unsecured creditors generally get out of a debtor's IVA?

[Sotired]

It is 10k