Court papers for redetermination

[hara]

I received some court papers before my IVA was agreed and then a ccj, on the advice of my advicer I asked it to be redetermined at local court.

In the mean time my IVA was agreed on 9th of july.

I have informed my contact and faxed papers to them and they have aske me not to worry,that they will deal with it.

That was yesterday.I have not been able to contact any one to day as I understand they were all in a meeting.

When came home to day,I found out that I have received some court papers to attend court in a few days time for redetermination.

I am little concerned now.I am very scared that I have to attend court. Does any one know what happens now.My IVA cotanct assures me not to worry ,that they will sort it out.

I can not help worrying.

This particular creditor is included in the list of credotors.

Can they take continue to court cation,even though they are bound by IVA?

Hara.

[aguise]

Hi Hara
They are bound by the iva agreement from further action, so dont worry but keep on top of you company to make sure it has been dealt with. I think if they go to court it will be thrown out and they will have to pay costs.
Wait for other answers though.

Ang

[Storm]

I seem to have answered this one a number of times ........... the creditor IS bound by the IVA not matter what is decided at the hearing.

If you don't attend court on the agreed date the application will be struck out and you will be left with a County Court Judgement that the creditor can't enforce but it will remain on your credit file.

If you do attend court the hearing will be held in chambers with a district judge who will want to know the legal grounds that you want the judgement set aside.

If the district judge feels your case has merit then he / she will order the judgement to be set aside.

The one thing to be aware of - if you don't turn up or you loose the hearing the claimant can ask for a costs order ie you will need to pay the costs of there solicitor turning up to the hearing.

[hara]

I know this has been asked else where ,but the new development is I have received papers for redetermination from local court after it has been trnsfered to local court.

But in the mean time I have been successful in obtaining IVA.As I understand they cant not take any more legal action.

I have to inform of the new development to my P tomorrow.

hara

[ray_a]

Also let them company taking action that you are in an IVA by referring them to the county court number.

It happened to me and that stopped the nonsense!

Regards

Ray

[hara]

I have been tryng to get reference no through and they have been phoning court, but hav not been successful.

hara

[ray_a]

Hi Hara

On our IVA court document it had the case number followed by the year. This si usually on the right handed side of the document.

[hara]

I have not received any documents from IP ( chairman's report}.I am not sure if postal strike has any thing to do with it.I have not received any documents from IP or court?

Is it worth going visit court to get reference no? will theygive it me?

hara