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UK-Justice
UK-Justice, Barrister
Category: Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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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.
OK.

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?

UK-Justice

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