Validity of car accident claim questioned and charging order issued

[anthony wood]

I have a IVA opened on 30/04/2011
I was involved in a car accident on 29/10/2010
and paid out for damages on 29/03/2011
They have questioned the validity of claim and issued a charging order on my property to reclaim their money
Can this claim be entered in my IVA?
Freeman and Jones my IVA managers think it can

[Michael Peoples]

I would agree with Freeman Jones and feel this debt is captured within the IVA and the charging order could be revoked. Speak with Sarah and the team and hopefully they can get this all resolved for you.

[Sarah Jolly]

Dear Anthony

I've just spoken to the team for you and we are still looking into this - we expect we will have an update for you next week.

We will give you a call as soon as we know more.

If you do need any help in the meantime please don’t hesitate to let us know.

Thank you
Sarah

[storeton]

Contacted Freeman and Jones myself after no reply for over a week
The debt has a unproven element of fraud and cannot be entered into my IVA
So need advice on what could happen next
Will all creditors in my IVA be 1st in line to any monies raised? ,then if that's the case and with my wifes equity there would not be enough funds to pay my charging order
i.e joint mortgage 180k
IVA creditors 90k
value of property 250k

[Sarah Jolly]

Dear storeton

I am sorry, I think there were some crossed wires here. The reason we weren’t in contact is that we were waiting for you to return some information to us. I can confirm that this has now arrived.

We have also been liaising with the creditor concerned about this since your last forum post.

I know that you have now spoken to a couple of my colleagues too.

Thank you

Sarah