Charing Order

[JoeB]

IVA will offer min 40p - over 6 years - form them this would be £40 per month to give them their share - so this would be a fair offer yes? - if it came to it?

[Storm]

It sounds reasonable.

You will need the judge to agree and obviously the claimant gets the opportunity to argue that the sum is not acceptable.

[JoeB]

Thanks for that - just hope it will not come to that

[Storm]

keep us updated on progress (If we can help further) Andy has contact details for most of the forum experts if you are concerned about who is reading the forums.

[hara]

I have a ccj and has asked for redeterminaton in a local court.In the mean time my IVA has come through and I have been told that all creditors are bound by IVA legally and can not pursue any further court action.Is true?

If not what is the point of arranging a IVA?

Can they still obtain a charging order? and how will I know about it?

hara

[RedDevil]

Hi hara

Are you asking for the CCJ to be removed?

Regards RedDevil [^]

[hara]

As well as preventing any further action such as obtaining a charging order.Now my IVA has been accepted I presume they are bound by it? That is what is my understanding.

hara

[Storm]

If the CCJ is set aside - any Charging Order could also be set aside (although a seperate Application needs to be made to the court)

I am sure you are aware there are limited reasons for judgement to be set aside.

Your creditor is bound by the IVA and no further enforcement action can be persued (ie charging order).

[hara]

As well as preventing any more legal action to obtain charging order. My IVA was approved recently.As I understand all creditors are bound by itand can not take any legal action.
hara.

[hara]

As well as preventing any further court action to obtain a charging order.As I understand all creditors are bound by IVA and can not take any further acton.

hara

[hara]

As well as preventing any furthe court action obtaining a charging order.As I understand once the IVA is accepted creditors are bound by it and can not take any legal action.My IVA has been accepted recently.

hara

[hara]

I do not have a charging but a ccj askng me to pay full amount by 27th of july.I have asked it to be redetermned and the case has been transferd to local court. I have not heard any thing so fsr. I have obtained a IVA on 9th of July.

I have informed the lawyers acting though could not speak to any one left a message on ansering machine of the person speaking and asked her to give me a ring, but she did not.

The creditor concerned was informed me seeking iva long time ago and lawyers acting were aware of it.Despite that they have proceeded with the legal process.

Hara

[mick.i]

I may be wrong, but your IP can/should deal with this from now on. Just send all the paperwork to him/her.

[Storm]

If the creditor formed part of the IVA then they will not be able to do much more.

I am not sure which legal process you were attempting, if you had a defence to the debt then it would be transfered to the local County Court alternatively you would have to make an application to the court to have the judgement set aside.

[hara]

sent papers to IP and have asked to be dealt with it.

Creditor is included in the list of creditors supplied as for as I know they have been sent all proposal documents. as for as I know they can pull out of IVA list of credotors.

I am not attempting any legal action i am responding totheir action.Any how my IP says they wll deal with it but noting some of the horror stories I am worried whether they seek a charging order irrespective of IVA.

hara.