Charging Order After Acceptance of IVA

[RedDevil]

Hi Everyone,

My IVA was accepted by the creditors yesterday. Some of my creditors didn't even bother to vote. My question is: Can creditors still persue you outside the IVA? That is, get a CCJ against you eventually leading to a charging order on your property? I am now suspicious of creditors that don't vote. Could it be I am over reacting.

Thanks RedDevil [?]

[Storm]

Not if they were fully disclosed in the IVA proposal.

Any attempt to obtain judgement and charging order could be resisted.

Excellent news re the acceptance.

[RedDevil]

Hi Storm,

Do you mean if they were on the list of creditors then they can't do it?

Thanks

RedDevil [?]

[Adam Davies]

Hi
Thats right,they are bound by the IVA regardless of how they voted or didn,t if thats the case.If you get any communication pass it on to your IP.
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

[Storm]

Yes...

And even if they weren't they would find it difficult to get a charging order as it would prejudice the creditors who have entered into the agreement.

I wouldn't worry now.......

[RedDevil]

Hi Andy and Storm,

Thanks for the quick replies. My Charging Order hearing was due on the 7th June in County Court. The Creditors Meeting was held on the 14th June. They would have been circulated with my proposal around ten days before. So where do you think I stand? I believe a Creditor's solicitor applies to County Court for the Charging Order. At the same time will apply to the Land Registry. Now am I right in thinking that Court does not talk to Land Registry? So if the hearing on the 7th June was adjourned pending the outcome of the IVA the Land Registry would have no idea of what has happend? I know I may be over reacting but if a conveyancing solictor carried out searches for remortgage purposes we could have problems.

Thanks RedDevil [?]

[Storm]

Firstly you need to confirm that the hearing scheduled for the 7th was adjourned. If it was the hearing for the final order to be made the judge may have granted the order in which case you IP needs to make an application to the court to have the order set aside.

If the order is made the claimant can complete the forms to have the charge registered.

You will get paperwork from the court confirming the order if it was made and the charge will be applied if it was so ordered.

If the hearing was adjourned a new date will be issued for aprox 28 days - at which your IP will need to apply to have the Interim Order removed and subsequently the charge notice removed.

If you want to check the land register online - you can ! the fee is £3 and the documents are available online... http://www.landregisteronline.gov.uk/

[MelanieGiles]

Current caselaw states that if the creditors were aware of the IVA creditors meeting, prior to the final hearing, then if the Order is made as Storm says it can be set aside. In this case, the creditor concerned was made fully aware of the impending IVA, and the Court was asked to adjourn proceedigs. If this Order has actually been made, we will submit the appropriate paperwork forthwith.

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

[olympic_torch]

RedDevil.
Since entering our IVA on 8th May we have received
various demands, including notification of ccj, and demands for payment from creditors that voted yes.
just post them off to your ip.
as eric morecambe used to say, "they can't touch you for it!"

Aucto Splendore Resurgo.
(2 down, 58 to go)

[RedDevil]

Hi Everyone,

I feel happier now that Storm and Melanie have given reassurance that the Charging Order can be set aside. Having come this far with IVA acceptance I can't afford failure at the remortgage hurdle. We should, subject to post delivery today, sign the mortgage deed documents and return them this weekend. The good thing about this forum is that if you have a problem then more often than not someone comes along with help. I will keep plodding on and I won't give up. OBTW Mel I still have the towel in the hand and it will not be thrown in. NEVER!!!

Thanks again

RedDevil [:)]