very concerned and very un happy

[hara]

I have obtained IVA recently.

Before IVa went through,American express through their Solicitors Brachers issued a climas through court and ccj on 27th of june.

I asked for redetermination and has been transfered to local court,hearing is on 13th of august.

I informed my conatct at IP and was reassured that things would be fine.It appears that they have spoken to Brachers a who has promised that case would be with drawn.

I have ben in contact with court and nothing has been updated,Brachers have not with drawnthe case. The hareing is still set for 13th.

I had a word with court clerk who has promised to bring to the attention of judge tomorrow and see if it can be cancelled.

He also pointed out that as the sum in ccj is higher than listed in IVA they may pursue further.

I pointed out that would be the case with all the creditors with added charges and interest.

And also said that whether they agreed for IVA or not they are legally obliged to accept IVA terms.

I very concerned whether they can pursue further as ccj was obtained on 27th of june.

My Iva was accepted on 9th of July.


I am really concerned and very,very unhappy.

My IP representative ,it appears has difficulty in contacting court clerk.

AS I understand IVA supercedes any court action.

Can some one reassure me please.

Hara.

[MelanieGiles]

Hi Hara

This claim is bound by the terms of your IVA, and you therefore have nothing to worry about. Your IP needs to deal with this, as there are clear communication difficulties between them, Brachers and the Court. Leave it to the IP to sort out, and rest assured this action is not going to have any affect on you or your IVA.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Storm]

They can't persue any further legal action.

Why would Brachers withdraw the action - you instigated this area of the action by asking for redetermination !!!

Did you ask the Clerk if you could withdraw your request for a redetermination ???

As stated a few times - the only thing that may be a issue is that Brachers could persue a costs order against you which I am unsure would be covered by the IVA as you asked for the redetermination.

[hara]

Dear storm,

As the IVA had not gone through and I had recived a ccj asking me to pay roughly 14000 by 27th july, on the advice of my contact,I asked for redeterminaton, the thinking was also what if the IVA did not go through?

Redtermination also transfered case to local court.

I am not an expert and the things were done on the advice of my contact.

hara

[Adam Davies]

Hara
Your IP really should be sorting this out,not you.
Keep at your IP until you get a satisfactory answer.
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

[iva_squirrel]

Hi hara,

I think your IP has to deal with this situation. It wont affect your IVA but you need to have yur IP sorting it out for you.

Regards,
Michelle P.

[hara]

I have been Phoning twice a day for the past 7 0r 8 days,It appers they have not been able to contact.

I have even given the phone number of court clerk,who I managed to speak on my first attempt!

In the mean time the date for hearing is fast approaching,13th of August.

I am really scared.

hara

[hara]

Dear Mr.Davie,

I have had more luck in contacting officials at court either by visiting or on phone than my IP representative for the past one week!

hara

[Adam Davies]

Hi Hara
Who are your IVA providers ?
This is obviously worrying you and you need the help and support from your IP,or a senior person within that office.
Keep phoning,you will get a response soon.
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

[hara]

Mr davie,
Thanks for your response and concern.

My IVA contact ultimately was able to contact the clerk responsible on the phone no I had given,Gladly at last it has been confirmed that I do not have attend.

A letter is promised in the post.

I also spoke the gentle man in court,who has been very nice and helpful and he confirmed that I do not have to atten and a letter will be posted.

I have said that I would personally visit to collect a copy because of postal strike.

On the whole my IP, a reputable one has been very helpful.I have always been able to speak to some one whenever I phoned.

The problem in this instance is IP in a different city to that of the court.

I am really pleased that it has been sorted out to in a acceptable way

Do you know if I can have my original ccj cancelled?

hara