www.iva.co.uk

Im in the process of setting up an IVA to the point where my IP should receive my signed proposal 2mora.

However one of my creditors has threatened with court action. Will this happen before the crediters meeting? If it does will it be 2 late at that point for the purpose of the IVA? What i mean is can a debt that has produced a CCJ still be included in an IVA?

Thanks for your help [:)]

Simple answer is yes, they will be a creditor just like all your other non secured creditors.

thanks abc, i thought this would be the case but i wasnt sure. I am getting pushed to make payments but i want to wait until the outcome of the meeting which i believe should be 2 weeks or so?

Hi tryingtogethelp

All these are a process and take time, by the time your creditor takes the court route (if it's not just an idle threat) your IVA process should be near to a conlusion so I wouldn't worry about it too much at this stage ... and best not to be making any payments as it would be considered as preferential treatment to your creditor.

All the best

Debbie

Thanks Debbie, although my IP has said to leave the standing order as it is for the DMP we were in but the thing being is that i had already stopped it and couldnt bring myself to tell her. Will this be a problem do u think?

No - just let your IP deal with it as I imagine there is some linkage between the IVA firm and the DMP company reading between the lines.

the IVA company is Cleardebt and the DMP was with Payplan. the payment that was missed was the 1st of this month, we made 7 months payments prior to this

We moved to Payplan from Hamilton Locke, with whom we had a DMP. I just phoned HL and told them what was happening and that we were cancelling the standing order. In fact Payplan told us to stop paying HL.