can charging orders debts be included

[wendydl]

i'm thinking of going down the iva route (wanted to last year but told i had too much equity in my house...but now due to the current economic crisis, it's gone) can charging orders debts be included or is it too late for them?

[ivas4us]

I believe you can include all non-secured debts in an iva but I am sure one of the experts will confrm shortly

[MelanieGiles]

They are automatically included in your IVA in any case, but if there is sufficient equity in the property to cover the debt then the creditor concerned can choose to rely upon that security rather than take part in the IVA.

[David Mond]

Yes if there is equity then the charging order becomes a secured debt.

[team]

hi david,
i have no equity in my property and a creditor is appling to the court for a charging order of 10k against my property, i want to include this in my iva. will i be able to?

[S2004]

my husband has a charging order from NR on our house so they were not included in the IVA. if they have not already got a charging order then you can include them in IVA.

[team]

my iva application process is going on as we speak,however my ip has stated that because they have applied an interim charging order which goes to court on 10/6/9 they cant include it is this true?

[MelanieGiles]

No - the interim charging order could be overtaken if the creditors meeting is held before the date it is made final. Is your IP liaising with the creditor concerned, and have they asked them to withdraw or adjourn their application in the meantime?

Your IP can also go to Court to get an Interim Order to stop creditors continuing with existing actions in the meantime as well. Is this creditor owed more than 25% of the aggregate debt?

[team]

hi melanie,
a big thankyou for your response.
the creditor is owed 10k
my total debt including this creditor is 90k
the interim charging charging.
my interim charging order court date is tomorrow.
my ip is not liasing with the creditor because they state they are not able to include it in the iva.

[MelanieGiles]

So your IP is making an application for an Interim Order before the Charging Order final hearing? If he/she is successful, then the final charging order will be put on hold pending the IVA creditors meeting. If the IVA is accepted then the charging order will not be allowed to be registered.

[team]

hi melanie,
im not sure if im explaining myself,however your advice and comments are much appreciated.
ill try to give you the correct info.
1.my total debt including the interim charging order amount=£90k
2.=total interim charging order amount=£10k
3.my iva company has stated that they cant include the creditor who is attempting the charging order on my property in my iva.
4.court hearing for the issued interim charging order is 10/6/9[tomorrow]
5.my iva company is not currently liasing with this creditor as i didnt include them because they informed me they couldnt be included in the iva

[ivas4us]

why can't they be included.

[kallis3]

Your IP should have been able to have put a temporary stop on the charging order, I think that is what Melanie is trying to say.

That's usually what happens.

[team]

do you think i can call them tomorrow or its probably too late eh?

[kallis3]

You can try.

Hopefully Melanie is still around and can assist you, she's usually on here quite late.