IP email addresses

[Wizzard]

Hi Peeps and Peepettes
A few weeks ago I saw a link on here whereby you could find out your IP's email address. If anyone knows it or can remember it I would appreciate it as I have just received my chairman's report and it's a tad worrying. Although the young lady I spoke to on the phone assured me all my creditors were accounted for there is only 3 showing in the report. On top of this from 3 of the other creditors I am receiving letters demanding payment or court action will follow. I need to speak to my IP but getting past reception seems to require a masonic handshake or a small nuclear device. Any help would be appreciated.

[pixie]

Hi Ray

It's on the insolvency service website but the link seems to be down at the moment! it should be under find an ip.
I've just looked myself up to see if there was an email link from there, there isn't but I found I have a different IP! interesting!!

[kallis3]

Hi Ray,

We only had three creditors listed on our actual report, which were the ones who voted yes. The others were all listed on a separate piece of paper. They were the ones who didn't vote.

The demanding letters will be a throwback to your pre iva days. We still get the odd one or two.

[Wizzard]

Thanks Pixie, that's brilliant. I have the info I needed now.

[ianmillington]

Hi Ray

To put your mind at rest, once your IVA is approved all creditors are bound by it whether they voted or not. Those who did not are deemed to have acquiesced to the decision of those who did.

For info, the "find an IP" section at www.insolvency.gov.uk is currently working.

Ian

[Wizzard]

Thanks Ian
My concern is that 2 of my creditors were not shown on the original proposal but I did notify my IP but I was never sent an updated proposal. I have phoned and asked to speak to my IP and also emailed, but have not yet received a reply. I'm unsure as to whether to sign the report until I get some clarification. Any input would be gratefully received.
Thank you

[ianmillington]

Hi Ray

If they were never notified, it is a bit tricky. Here is the law on the subject:

They are still bound by the IVA by virtue of S260(2)(b)(ii) Insolvency Act 1986. What happens then generally depends upon the size of the debts. If they are small then the Supervisor can simply admit them to the IVA. However, if they are significant, admission may actually result in a breach of the IVA (generally if admission reduces the projected dividend by 10-15% or more). That may require a variation. Also, the larger the creditor the more likely they are to complain about being prejudiced by omission from the IVA. This becomes critical if they would account for more than 25% of the vote. On the worst case they can apply to Court to have the arrangement overturned.

If nothing at all is done, the creditors concerned are bound and unless they try to overturn it they have to wait until the IVA is finalised and then you remain liable to them, but limited to the amount of dividend they were entitled to receive if they had been in the IVA. As a result, the incentive is on them to come into the IVA, but they won't be happy about it.

How big are the debts and who are they?

Ian

[Wizzard]

Hi Ian

One of the debts was with Hillesdon for £4500 approx and the other two were both with DGS for a total of £2000. Another thing I've just noted on the report ... there is no Court Case Number; I'm really starting to worry now.

[ianmillington]

You can call me if you like if you want to talk this through so I can suggest the best way forward on it.

Ian

[kallis3]

Bit of a cheek here Ray, but I presumed that your moniker on here was your real name, and I have just checked on the Insolvency Register, and you ARE on there.

Apologies for doing that, but just thought it might ease your mind a little.

[ianmillington]

Agreed, Kallis, but Ray's concern was that maybe not all of the creditors have been notified, which is an entirely separate issue, in which case what I have said above is the situation. This is why I have invited Ray to give me a call as there are certain questions he might ask his Supervisor in relation to his specific circumstances. It may be that there isn't a problem at all, I hope there isn't, but he should find out asap.

Ian

[kallis3]

I appreciate that Ian, but Ray had said that there was no court number on his papers, but obviously, as he is on the register, it did go to court. I was just trying to ease his mind on that score. I know it was a bit of cheek me going on and having a look, especially with Andy' petition on the go, but I did it with the best intentions.

Ray, I hope you manage to get this sorted out soon. It must be a very worrying time for you.

[Wizzard]

You can call me if you like if you want to talk this through so I can suggest the best way forward on it.

Ian

I'd appreciate that Ian ... all I need is a number lol. Thanks to you too Kalli, for your input.

[ianmillington]

I think the absence of a Court number simply reflects the fact that the Court has taken a long time in allocating a number to the IVA, which should happen when the nominee files his report at the start. Whilst most Courts are quite good some of them, including the High Court for example, have not even issued the number by the time the creditors meeting is held - it's probably simply a question of backlog.

I agree Ray's IVA would appear to have been properly registered at the DTI too, so I'm not at all concerned about it's validity, and Ray should not be either.

The creditors which may (or may not) have been overlooked is , however, an issue that Ray needs to tackle and get reassurance about though. It would be unhelpful to have any loose cannons around.

Ray - just ring the 0800 number on the website and ask for me - the call centre will put you through.

Ian

[Wizzard]

Thanks peeps and peepettes for your input, especially young Ian (nice chap). Panic over, all the issues have been resolved and I can now watcvh telly in peace