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force charging order removal so i can go into iva


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hiya

 

to cut a long story short i was issued a charging order by rbs for an unsecured debt. i made the mistake of admitting ccj before i found this forum and was pushed straight into charging order i tried set asside route but because i was waiting for paperwork from rbs it was refused and then through incorrect advise i went for second set asside and the judge refused.

i played the unfair card for one creditor and the judge was not interested and just said its there interest that mattered.

 

I am now trying to sort other debt and would like to go down iva route so wondering if i could reverse their decision. we are really considering selling house and lettin them lose out as its not worth what we paid for it. and just wondered if threatening this would sway anything for us.

 

thanks for replies

 

rgds

james

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not really as either way the would still get their money.

 

If you were to apply for an IVA and 75% value of your creditors agreed they would still get paid and the CO would still remain until it has been repaid in full.

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  • 3 months later...

Hiya

 

Been a little busy and forgot about my thread lol. thanks for advice though would it be worth approaching them direct and calling their bluff.

My house is in negative equity and would need alot of money spending on it in the long run. it is also hindering me for work as i cannot consider moving because of charge. i was gonna give them 2 options either they agree to an iva or i declare bankruptcy and they get nothing. i havent a problem paying them but they have me over a barrel. and i cannot afford to finish work on house enough to either sell and clear debt or rent as cannot change mortgage.

Also on asking incaso who are dealing they have said they will block a sale which would mean me turning down a job.

 

 

thanks for advice

 

rgds

james

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