IVA closed July 2011 but possible redundancy money will go to creditors

Get expert opinion. This is the place for new questions to be posted.
21 posts Page 2 of 2
 
 

mEdz

User avatar
Posts: 13
Joined: Thu Feb 02, 2012 12:34 pm
Location: United Kingdom

Post by mEdz » Fri Feb 03, 2012 5:04 pm
FYi,

I have finished my 60mnth payments and my IP has said they cannot include any further windfalls as the IVA contract has finished.

Please note, i'm no expert in IVA or Law but this is a legally binding contract which has been fulfilled, therefore would not stand up in court, hence my response above.

But for peace of mind, i would seek professional advise from a solicitor if they try and take any of your money.
 
 

mEdz

User avatar
Posts: 13
Joined: Thu Feb 02, 2012 12:34 pm
Location: United Kingdom

Post by mEdz » Fri Feb 03, 2012 5:20 pm
In addition to above, this was based on my contract, details below but i suggest you read through yours thoroughly:

Liabilities:

60mnth payments of £285

50% of any net income during the course of the arrangement.

The dividend paid from this arrangement will be the full and final settlement of creditors claims against me.
 
 

vince666

User avatar
Posts: 337
Joined: Sat Oct 22, 2011 11:09 am
Location:

Post by vince666 » Fri Feb 03, 2012 5:51 pm
I guess the key thing here is the definition of "the course of the arrangement" - does that mean 60 months or is it up until the case is actually closed?
Completion certificate received 31 March 2012.
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Fri Feb 03, 2012 5:55 pm
I fear the "course of the arrangement" includes the administrative closing down period. My proposal says that it runs for 66 months ( which includes a six month admin period), which can be extended at the IP's discretion, by a maximum of 6 months the first time and a further 3 months the second time.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
 
 

mEdz

User avatar
Posts: 13
Joined: Thu Feb 02, 2012 12:34 pm
Location: United Kingdom

Post by mEdz » Fri Feb 03, 2012 7:30 pm
maybe i got lucky conditions, my arrangement states 60mnths
 
 

Foggy

User avatar
Posts: 33396
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Fri Feb 03, 2012 7:48 pm
Hopefully -- after all the "I" is for Individual :-)
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
21 posts Page 2 of 2
Return to “Ask IVA Forum and Industry experts”