Charing Order

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hara

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Post by hara » Sat Jul 21, 2007 7:59 pm
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Ahould be can not pull out of iva.

hara
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Adam Davies

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Post by Adam Davies » Sun Jul 22, 2007 9:50 am
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Hara
If your creditor was included in your IVA then they are bound by the IVA and cannot take any further action.
You nneed to ask your IP to deal with this.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp
Andam Davies
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hara

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Post by hara » Sun Jul 22, 2007 10:59 am
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Dear Mr.Dave,

This particular creditor was also included in the original list of creditors.

As soon as I informed of me having difficulty in making payments, they instructed their solicitors to issue default notice, expressly followed by court claim and a ccj after rejection of an offfer.

Offer made on taking advice from my iva contact.

All this and IVA process were takng place simultaneously.I also informed courts of my IVA process at the out set.

I have asked my IVA firm to deal with it,I am worried whether they can stil obtain a charging order.
As I understand as they have been included in original proposal,They are bound by it and can not take any more legal action.

On a different matter,which I have posted else where
Is there a possibility of asking a lawyer to volunteer to give legal opinion to ease the minds of troubled souls on this site.It would compliment the forum greatly.

Hara.
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Storm

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Post by Storm » Sun Jul 22, 2007 11:07 am
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Creditors continue with this course of action in case your IVA proposal fails...

As previously stated if they were included in your proposal they will not be able to take any further action to enforce the judgement via charging order or any one of the other remedies that have.
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RedDevil

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Post by RedDevil » Sun Jul 22, 2007 11:17 am
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Hi hara

If your IVA has been accepted by your creditors and the problem creditor is included in your list then no further legal action will take place. Your IP should take care of that for you. I have a CCJ against me thanks to Synergi and their poor advice but when Melanie took on my case she stopped a charging order on our property and took me through to an accepted full and final IVA. It just goes to show you can remortgage with default notices and a CCJ tacked against you. I think you may be over reacting a little.

Best of luck

RedDevil
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hara

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Post by hara » Sun Jul 22, 2007 11:17 am
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That is very reassuring.Thanks Storm.

hara.
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