How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK-Justice Your Own Question

UK-Justice, Barrister
Category: Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
Type Your Bankruptcy Law Question Here...
UK-Justice is online now

I am in the process of making a claim for faulty workmanship

Customer Question

I am in the process of making a claim for faulty workmanship against a self-employed trader. I understand the trader had an Individual Voluntary Arrangement (IVA) approved in October 2012. I am claiming £6000 and the trader claims that he only owes between £2000 and £3000. I understand that the IVA was settled with a cash lump sum giving creditors 25p in the pound. How can this be resolved. Do I need to go to Small Claims Court so that the amount owed can be decided or do I approach the traders Insolvency Practitioner in which case how will the financial value of my claim be resolved? Can I be included as a creditor at this late stage. 25p in the pound is better than nothing. Thanks very much. Peter.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  UK-Justice replied 4 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

I assume your debt was included in the IVA?

Have you had the work repaired or are you wanted to claim the fee back from the trader?
Customer: replied 4 years ago.

My debt has not yet been included in the Traders IVA. The dispute arose after the Traders IVA had been approved by Creditors.

I have not been able to agree with the Trader the extent of remedial work required and as such have obtained three quotes to put the job right. I am having the remedial work done and claiming cost of repairs from the Trader.


I am claiming £6000. the Trader feels that much less is due and has also advised me that he is in an IVA.


Thank you. Peter

Expert:  UK-Justice replied 4 years ago.

The trader is still liable - it is only the debt that is written off.

As such this is a contractual dispute.

You would therefore be able to claim against the Trader.

But ask yourself this - if he went into an IVA then he is likely not to have any money.

So you could go to Court, win and then be left with a paper judgment you can not enforce.

The IVA once approved resets the trader debt to zero.

Any debts or liability incurred after will be against him personally.

I hope this helps.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 4 years ago.
I'm just following up with you to see how everything is going. Did my answer help?


What Customers are Saying:

  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther

Meet The Experts:

  • Max Lowry

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
< Previous | Next >
  • Max Lowry's Avatar

    Max Lowry


    Satisfied Customers:

    LLB, 10 years post qualification experience
  • Joshua's Avatar



    Satisfied Customers:

    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • Alex J.'s Avatar

    Alex J.


    Satisfied Customers:

    Bankruptcy, liquidations, administrations, pre pack sales, re use of company names and director duties and offences.
  • Clare's Avatar



    Satisfied Customers:

    I have been a solicitor in High Street Practice since 1985 with a wide general experience.
  • Jo C.'s Avatar

    Jo C.


    Satisfied Customers:

    Over 5 years in practice
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'