Page 1 of 2
Posted: Wed Apr 23, 2008 8:48 pm
by facingittogether
got in from work today to letters from american express saying that they are going to court on 5th june to apply for a charging order on our house.
can anyone tell me exactly what a charging order is? and also if our iva gets approved on monday would that stop them applying for an order?
have been feeling quite calm the last few days but this has sent me into a panic.
barb [:(]
Posted: Wed Apr 23, 2008 8:51 pm
by Skippy
I'm no expert, but I think a charging order means that the debt is then secured on your property. As far as I know when (not if!) your IVA is approved on Monday they will no longer be able to apply for a charging order.
Posted: Wed Apr 23, 2008 8:54 pm
by kallis3
I agree with Skippy, once the IVA is in place they have to cease any actions against you.
Posted: Wed Apr 23, 2008 8:55 pm
by Reviva UK
Hi
you need to call your IP tomorrow morning and advise of the AMEX position. They can help deal with the position.
Who is your IP for the IVA?
Posted: Wed Apr 23, 2008 8:57 pm
by suzanne100268
The Court will not make the charging order final if your in an IVA. Wait till approval on Monday and then write to the Court stating your IVA has been approved. Send them the Chairmans report when you get it. Ask the Court to dismiss the application.
Posted: Wed Apr 23, 2008 8:58 pm
by facingittogether
thankyou skippy and kallis you have put my mind at rest!
how people cope without this site i dont know - it has been a god send for me! - you guys are brill!
thankyou
barb [:)]
Posted: Wed Apr 23, 2008 9:02 pm
by facingittogether
hi - my ip is melanie
what do you mean sue they wont make it final if my iva is approved?
barb
Posted: Wed Apr 23, 2008 9:10 pm
by Skippy
I think Suzanne means that when your IVA is approved the court cannot approve a charging order.
Posted: Wed Apr 23, 2008 9:14 pm
by emma_t
Just let Melanie know Barb and I am sure she will reassure you[:)]
Posted: Wed Apr 23, 2008 9:14 pm
by facingittogether
thankyou skippy
i will phone angela tomorrow to inform her but hopefully it will be ok
thankyou for all your replies
barb x
Posted: Wed Apr 23, 2008 9:16 pm
by Reviva UK
Hi
Let Melanie have the information - she will be able to deal with Amex and if for some unknown reason they still want to go to court and waste time then ask Melanie to call me and we will go to court for you.
Posted: Wed Apr 23, 2008 9:43 pm
by Moneystinks
Hi Barb just read your post are you okay? I am worried for you xx
We have 2 debts with amex.......
I would go straight and directly to Melanie like Paul says. (Sorry Melanie). I would have to know and I would only feel settled hearing from Melanie direct. She is good we all know it.
Chin up and if need anything get in touch! xx
Paul I think you offer is really nice. x
Posted: Wed Apr 23, 2008 9:48 pm
by angela18
hi barb
hope your feeling ok! have you emailed melanie or spoke to her yet!!
we got a default notice from A&L yesterday, which panicked me.. can't imagine how you must of felt.. hope it all pans out ok for you.
fingers crossed.. forum twin!!
Posted: Wed Apr 23, 2008 9:50 pm
by MelanieGiles
Barbara
Amex have such a low percentage of your aggregate debt, that I feel sure that their rejection can and will be outvoted on the day of the meeting - ie next Monday.
Worry no more about this process - and don't worry about Court. If I felt that someone needed to attend I would get Paul on board as he could easily deal with the situation.
Posted: Wed Apr 23, 2008 9:59 pm
by Viki.W
Ah Barb, do you feel a little bit better now? Not long now and all your troubles will be behind you. Thinking of you. Viki X