www.iva.co.uk

Good evening,

I am still waiting to set up my IVA, there has been some delays in getting balances back from creditors. But hopefully this should be sorted in the next week or so.

In general a lot of my creditors have been understanding, by putting my account on hold. I have also tried to keep them informed the best can via phone calls and letters. Which in the main I feel has worked well.

I only have a problem with one creditor with who was a payday loan, the value of which is very low (hundreds of pounds) compared to other creditors. They have now informed me that they are applying to take out a CCJ against me. But have offered me a reduce payment to clear the debt. With this in mind if I was to make the payment, which I would have to use my contingency fund to do! Would effect my other creditors? As I believe any token payments have to be relevant to all creditors (same percentage Ect)

The only reason I ask this is that the have treathend to send bailiffs to my address, which at the moment I live at home with my parents. Now because of this what rights would bailiffs have, and how would they know what is my property and that of my parents.

Also how would a CCJ court action work against me, If I am able to prove that I don’t have the money to pay them , and I am I trying to set up a IVA would that work in my case?
To be honest I eel annoyed with them, as I have tried to keep them informed the best I can, and the amount I owe is low compared to other creditors who have been quit understanding.

Sorry for the many questions, but I would greatly welcome any advice.

Regards

You need to speak to your IP as they should be able to get an interim order to suspend any court action if they go for a CCJ however, it could still just be threats at this stage, how far into your IVA proposal are you?

Regarding bailiffs, they only have powers once a court order has been applied and you refuse to abide by it, so in the meantime, anyone who turns up will not be a bailiff, but just a debt collector who has as much power to get anything from you as the milkman, they have no rights to enter your property or enforce payment. Just politely refuse to let them in and ask them to deal in writing only, then close the door.

I would not pay them off at the moment, your IP could quite rightly reclaim the funds to be used to share proportionately between all your creditors so keep the money for your contingency.

Keep strong, your are in the IVA system now so your IP should be able to deal with this for you. you may find they are just trying to threaten you anyway to get you to pay and it is unlikely they will take the steps they are saying they will.

I had a CCJ taken out against me whilst I was applying for an IVA. I sent paper for the CCJ to the company proposing my IVA & they completed the payment details for me providing the court with all the documentation. I signed & sent off to the court. My £800 debt with next was recorded as a CCJ 1 month before my IVA started. I had to pay one month of this @ £3 as they worked out what this was as a percentage. Once IVA set up I was protected from further action.
Baliffs - unlikely to be sent as long as you pay CCJ that court decide. If you fail to pay then that's time for bailiffs. To be fair you should have an approved IVA by this time.
Good luck

talk with your ip, so they know.
but bet your iva is in place before they could get a court date.

Hi,

Hope you are well.

As regards the threat of a CCJ - contact your IP and they can take out an interim court order to stop any action before your IVA meeting.

If they send any bailiffs round then DO NOT let them in and make sure all doors and windows are shut.

Hopefully it won't come to that but rest assured that your parents property is safe.

if bailiffs are a real concern kall's right you should not leave windows open or open a door to them - this would mean you need to talk to your parents.

legally they would only be able to take your possessions. echo kall's advice, get in touch with your IP right away - they can protect you with a interim court order.

a lot of these threats are bulling tactics but it is frightening.

I think its just talk but do let your ip know.

Paul

It probably is just talk and I doubt they would have time to get a CCJ put into place before your IVA is set up but do inform your IP tomorrow.