www.iva.co.uk

Hi

My wife is about to put forward an IVA proposal and apply for an interim order. It has taken some time to sort out because of the complexity of the business she was involved in. Once creditors have been informed that she is going for an IVA the majority have understood the position and either backed off or contacted her IP. Unfortunately it is always the ones you don't expect! A character who advised her as to her business and is perfectly aware of her financial position and the action she is about to take has issued a claim in a local court for his fees. I assume he is trying to beat the IVA in some way but can you advise as to the effect of the claim on the proposed IVA please?

Hi
The IVA will overide any County Court Judgement, just make sure that your IP is aware of the case
Regards

Excellent .... thanks.

I would not be worrying about a CCJ - if the IVA is almost ready to go, the creditor is really just wasting their money. Does this creditor represent more than 25% of your wife's overall debt?

Thanks Melanie,

No he is a very minor creditor. I just cannot understand him. They say in my wifes position you get to know who your friends are but I am not sure if enemies have to make it so apparent!

My wife will forward the claim form to her IP and confirm that action to the creditor.

The sickening thing is that the advice this creep gave was useless and then he went on to breach professional rules. As he is a creditor and has now issued the last thing my wife and her IP need is me rocking the boat. Frustrating but I assume thats part of the learning curve!

Regards

Often it is the smallest creditor that makes the largest noise - and if this person has acted unprofessionally and irresponsibly, crows usually come home to roost so to speak.