www.iva.co.uk

Hello all,
I am in the process of proposing an IVA which is at the stage of the date of the creditors meeting being set.
I have recieved a court claim for the debt owed to one of my creditors and don't know what to do with it. I've looked through all the paperwork which was sent with the form, but cannot find any information on what to put on this form as the iva is being proposed.

Can anyone give me any advice please?

TIA

Hi PaulyB and welcome to the forum

I would complete the form as appropriate and return it to the Court stating that you have an IVA creditors meeting scheduled on XXX and that you undertake to advise the Court and the creditor concerned of the outcome as soon as is practicable. There is no set space on the form for this - but write it in the section which deals with reasons why you cannot pay.

Then copy this to your IP and the creditor concerened so that everyone is in the picture.

Hi Pauly,

Is it a CCJ form ?

I would suggest you forward this to your IP who can complete on your behalf, they should be able to complete the I&E and list of creditors and will send to the court with a notice of you creditors meeting.

Once the court receives this they are likely to adjourn any action until after your creditors meeting.

If it isnt a CCJ claim form then still send on to your IP who will be able to advise how best to deal with it.

Thanks Melanie,

Should I:
1. Leave the sections of the form blank where it asks for full details of income and expenditure and add the notes you suggest to the bottom of the form
2. Complete all the various boxes on the form detailing all income and expenses, or
3. Put a copy of the income and expenses sheet from my iva proposal in with the form?

Thanks again.

Paul

I would put a copy of the income and expenditure sheet from your IVA in with the form. Given that your creditors meeting is so close, I personally would not bother your IP with this - there may be some danger of it lying on someone's in-tray or desk and not getting submitted.

Who is the claim form from as a matter of interest?

Hi Melanie,

Thanks for your advice, I will attach a copy of the I & E sheet to the response of claim.

The creditor who has made the claim is Northern Rock.

Are they more than 25% of your overall debt, and are you a property owner with equity?

Hi Melanie,

Yes and yes.

Then I wish you every luck with your proposal, and let's hope that NR see the merits in your offer of settlement.

Paul
I have the same thoughts as Melanie,don't leave it for your IP to deal with.In larger IVA providers it may never actually reach your IP and not get dealt with.Fill it in,as advised,and send it back to the court.
I would also photo copy it and send it to your IP
Regards

I agree with Andy and Mel actually when thinking about it....

I personally have a policy that no Legal document will be on a desk for more than 24 hours and needs to be dealt with the same day and personally deal with everyone, but i work for a small company.

Good luck with everything PaulyB

if you fill in the ackowledgment of service you extend the response time by 14 days !!

No disrespects to the IP's but i suggest that you take ownership of this and you know it will have been done.