Any advice for a creditor?

Princess_Leia_2

Hi there, I wonder if anyone can help me as I'm having no luck with any solicitors or IVA websites.

I am actually owed money by an ex employer. I have been in contact with ACAS who have advised me all the way through. After months of non payment I went to an employment tribunal and won my case but I employed the services of a High Court Enforcement Officer and received the high court writ from the sheriffs office, still to no avail.

My ex employer has now been accepted for an IVA so apparently the only option I have is to be added to a list of creditors and wait to receive some payment. The IVA company cannot tell me when, how much or how often I’ll receive payments.
I need to know, does the court appearance and high court writ issued by a judge mean nothing? Do I have any other options?
I also have proof that my ex employer is now starting a new company.
I know I'm on the other side of things to most of you, but I have lots of financial problems myself and have now had to add nearly £3,000 to my debts to cover this loss.
This all seems so unfair. Any advice would be very much appreciated!!

dancingfairy

Are they a sole trader and entering an IVA or is it a business and they are entering a CVA?
I would assume that you are probably going to be a tiny creditor in the scheme of things and as such not be able to influence things.
Presumably if you haven't agreed to the IVA you could maybe push them for bankruptcy? they certainly owe enough although it would cost you money to do this. Do they have any assets at all?
Hmmm.
df
Edit: guide to enforcing judgements leaflet is here: http://hmctsformfinder.direct.gov.uk/HMCTS/GetLeaflet.do?court_leaflets_id=219 will try and find something else for you. Hang on.
Right this section will be useful to you here: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/CourtClaimsAndBankruptcy/index.htm especially the bit about serving a statutory demand and then being able to make someone bankrupt. What I can't find out though is what powers you have if they have entered into an IVA/CVA. Will see if I can find anything else for you.
Sadly it appears if they have entered an IVA then even if you had been listed and voted against it then you can't do anything according to this info. here : http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1084609411&type=RESOURCES
I guess you really need to get in touch with the Insolvency Practioner and get yourself added to the list of creditors?? From what I can tell. Hopefully the proposal will fail and then you can try and go for bankruptcy to recover your money.
Best of Luck