Iva Problems!

[Scarlett]

In very brief; I had tenants who wrecked my house and left owing money. It took me and my estate agent years and years to track them down and get an attachment of earnings, and eventually they started to pay £25pw back via the courts. Now apparently they have got an IVA (like bankruptcy but not as severe) which was approved LAST May, 2018. I was not told anything about this, nor was my estate agent, and the payments kept coming. We have now been told that I have to pay the tenant back £800- everything he has paid so far! I am disabled and have very little income, hence trying to get back what he owed in the first place. It is the fault of the court, I think, that the payments weren't stopped at source, and carried on being paid to me (via my estate agent). I think it is completely wrong to make me repay the tenant £800! When this is money already paid to me, which he owed me! More to the point, I simply don't have that to give back. I'd be grateful for your thoughts!

[Buenchico]

You appear to be being treated as an 'unknown creditor', which is someone to whom money was owed when the IVA was applied for but where the existence of that debt wasn't known. (I recognise that your former tenants knew full well about the debt to you but, nonetheless, that appears to be how you're being regarded). As such, the terms of the IVA are binding upon your relationship with the debtor BUT, if you're not happy with that, you have 28 days (from when you found out about the IVA) to apply to a court to challenge the terms of the IVA.

[jennyjoan]

feel sorry for you Scarlett - justice system can be so wrong

[Buenchico]

PS: Should you need to check on any information about the IVA (such as the name of the relevant court or the date that the application was made), a search here might help:
https://www.insolvencydirect.bis.gov.uk/eiir/

[Peter Pedant]

// https://www.citizensadvice.org.uk/debt-and-money/debt-solutions/individual-voluntary-arrangements/problems-with-an-individual-voluntary-arrangement/creditors-are-still-contacting-you-individual-voluntary-arrangements//

and this says
"Creditors or debts not included in the IVA
"If you have debts with creditors that are not included in the IVA, they can still contact you and chase you for that debt.

"If you have a number of debts with the same creditor and one of these debts is not included in the IVA, they can still contact you about that debt.

"You may want to think about the best way to deal with debts not included in the IVA."

clearly addressed to the debtor
which would imply there are circumstances when you can keep the money
so you need advice - but dont pay too much
start with citizens advice

you have a CCJ - and I am not sure why it wasnt included in the IVA
( mine was - as a creditor - and I went to the meeting)

and who has said you need to repay?
dont tell me - discuss it with your adviser

forget the I am a poor old lday and cant pay
and dwell on
I have a CCJ and I have complied with the law and it is not fair that I shaould be penalised for someone elses mistake
and secondly I am being treated as an unknown creditor and I am not ! I have a CCJ so it is not unknown at all but has been proven.