Timescales for early settlement

Get expert opinion. This is the place for new questions to be posted.
4 posts Page 1 of 1

Fiona.42

User avatar
Posts: 6
Joined: Thu Sep 29, 2016 8:03 am

Post by Fiona.42 » Wed Jan 24, 2018 5:42 pm
I have offered a final settlement figure (I’m in my last 12 months) it’s been 6 weeks and I rang for an update yesterday they informed me that they haven’t even spoke to the creditors yet, anyone any experience of early settlement and timescales

kallis3

User avatar
Forum Expert
Posts: 77157
Joined: Mon Mar 17, 2008 4:02 pm
Location: United Kingdom

Post by kallis3 » Wed Jan 24, 2018 5:53 pm
You can push them but, by the time it is sorted, it might be as well to let it run it's course.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley.
http://kallis3.blogs.iva.co.uk

Foggy

User avatar
Posts: 33395
Joined: Fri Dec 17, 2010 11:14 am
Location: United Kingdom

Post by Foggy » Wed Jan 24, 2018 6:01 pm
There are industry timescales. It will depend upon which terms are used:

In R3 cases the requirement to convene the meeting within 21 days is in Part X section 60(2) .....

"60(2)[Power to requisition a meeting] If requested in writing by the Debtor, or by
Creditors with not less than one-quarter in value of the total amount of Debts subject
to the Arrangement, the Supervisor shall, unless relieved by the Court from so doing,
convene a meeting of Creditors within 21 days from the receipt of such request. "


In the Standard Conditions used in the 2014 Protocol it is in Part IX section 19(2) .....

"19(2) If requested in writing by you, or by creditors with at least one-quarter in value of the total amount of debts subject to the arrangement, the Supervisor must call a creditors meeting within 21 days from receiving such request, unless the court decides he/she need not do so."

However this limit was left out of the 2016 Protocol.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014

Lisa Thomas

User avatar
Industry Expert
Posts: 7759
Joined: Wed Dec 03, 2014 10:26 am

Post by Lisa Thomas » Thu Jan 25, 2018 10:36 am
It might be a bit late with only 12 months to run.

However to answer your question they have 21 days to call a meeting of creditors (once they have all the info. fom you) and 14 days notice to be given to creditors so if 6 weeks have now passed since you gave them everything you needed you should have the creditors answer by now...

Check the variaiton section of your proposals/T&C and perhaps remind your IP that they appear to have slipped up...
I'm a licensed IP with 16+ yrs at Neville & Co covering the South West area. I have a YouTube channel with advisory videos on here: https://www.youtube.com/channel/UCMPTTu ... Z5k9ZcC2MA http://www.nevilleco.co.uk 01752 786800 Lisa@nevilleco.co.uk
4 posts Page 1 of 1
Return to “Ask IVA Forum and Industry experts”