court order before IVA meeting

[carebear]

Hi

My husband is in the process of having an IVA proposed for him.

We are about 4 to 6 weeks away from the creditors meeting according to the company which is drawing everything up.

Today, we have received a Money Judgment from the small claims court which is demanding payment forthwith.
I am worried as I know that this can be enforced with a bailiffs warrant to recover the debt.

As it's forthwith I assume the creditor can just go ahead an apply for a warrant of execution (bailiff's warrant)????!!! They don't have any other info on him so would not be able to apply for an attachment of earnings, 3rd party debt order or a charging order.....

Help, I am extremely worried and concerned that we are going to have bailiffs banging on the door and increasing the debt even further before we even get to the creditors meeting (not to mention that there are now court costs on top of the original debt)

Can anyone comment on this, did it happen to them before their IVA went through and how was it sorted out?

Many thanks

[Broke of London]

Hi and welcome! I don't have any experience in this area but it sounds awful. Call your IP tomorrow and they will be able to take away some of the stress and hopefully reassure you about what happens next. x

[carebear]

Hi

Thank you, my hubby is going to call them tomorrow so hopefully they'll be able to sort it (although we thought it had already been dealt with)

[Julie.je]

hi and welcome from me too x
We found ouselves in exactly the same situation before our creditors meeting and actually did receive a warrant of execution through the post. We didn't get bailiffs knocking on our door so please don't worry and think this will happen to you.
We spoke to our IP who was excellent and sent us the paperwork to get the warrant suspended in our local county court at a cost of £35. After a bit of a mix up by court staff with the hearing date the warrant of execution got suspended indefinately. Our creditors meeting went ahead and we are now in our IVA.
Hopefully your IP will be able to reassure your hubby and it won't be too long before everything is sorted out and you are on the road to debt free living. Good Luck x

[kallis3]

Your husbands IP should be able to get an interim order to stop any court proceedings prior to an IVA being approved.

Hopefully he has phoned his IP by now and they are able to sort something out.

[carebear]

thanks for all your support.

The IVA company have called the creditor and taken their word that they won't take any further action.

just hoping that's enough. We're apparently 3 weeks away from the creditors meeting so fingers crossed.

[kallis3]

You should be fine then carebear. Let us know when your meeting is.

[Julie.je]

That's good news carebear - it won't be long now. Good Luck with it all x

[Shining]

That is good news and dealt with efficiently. All the best with your meeting when you receive your date. x

[carebear]

thanks everyone

I'm so glad to have found this forum. The whole process can be a bit stressful to say the least so it's great to be able to ask questions and get info from people who've been/ are going through this process.

[kallis3]

We're always here for help and support carebear.

[Broke of London]

Hi Carebear,

3 weeks is no time at all! you'll be in your IVA before you know it and all this worry will be a thing of the past. x

[kallis3]

Fingers crossed carebear - let us know how things are going.