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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: 3 years ago.
Category: Bankruptcy Law
Expert:  UK-Justice replied 3 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 3 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 3 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.



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Expert:  UK-Justice replied 3 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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