Charging Order Advice

[RoyalNelly]

Looking for advice regarding a really old CCJ, Interim and Final Charging Order placed during an IVA.

 

My partner and her ex both entered into a joint IVA I believe in 2007, one of the creditors was Lombard Direct (part of RBS I believe) was included in the IVA.

 

Lombard Direct did not respond to any requests to company managing the IVA at any time during the process, so did not receive any dividends whatsoever, but the debt was listed.

 

My partner was informed not to engage with any of the creditors involved in the IVA at anytime.

 

The IVA was completed successfully and completion certificates issued in 2011.

 

So we now discover that a charging order has been placed on her property by Lombard direct at a date after the commencement of the IVA, this is something that she had no idea about until now as it is only now that she is looking to sever financial ties with her ex. and is wanting to sell the property or transfer equity, this charge has been flagged as an issue with the new mortgage provider.

 

Upon further investigation it would appear that the IVA commenced in Feb\March 2007, the CCJ was obtained in May 2007 the interim CO in May 2007 and the final CO in Sept 2007. My partner is adamant that no paperwork was received, she may have been abroad at this time working or living at an alternative address.

 

My partner has tried to contact the company that managed the IVA which unfortunately has been taken over, or bought out a number of times over the years and has had little success in getting any advice or information as to what to do. Equally the insolvency service have been unable to provide much information due to the age of the IVA.

 

So we are appealing for help or advice on how to take this forward, given that there was no knowledge of any proposed legal action it was not possible to make any response to the action taken over the debt. The debt was covered by the IVA so any action should not have been valid.

 

Would it be possible to make an application to get the charging order set aside?

 

Sorry for the long post but we would really appreciate any help or advice on this matter.

 

Thanks

[dx100uk]

Can i just clarify...

 

Its a joint debt

On the same property they still own

[sgtbush]

Was there a creditors meeting and vote. 75% of creditors haveto agree to it.

[RoyalNelly]

Can i just clarify...

 

Its a joint debt

On the same property they still own

 

The debt was solely in my partners name, although one of the conditions of the IVA was that all debts her, his and joint should be considered as joint debts for the purposes of the IVA (there was a joint and several clause I believe)

 

The charging order that has been issued is against her but it is a joint property that they both currently own, her ex is looking to take over the property which is how knowledge of the charge has come about.

[RoyalNelly]

yes there was a creditors meeting and it was agreed & ratified, Lombard Direct were contacted but did not respond.

[ericsbrother]

you could go for a set aside via the courts, will cost you £255 but you will need some significant paperwork surropunding the whole issue or there wont be a reason to change the status quo. Now, depending on what you can eventually dig up you may have Lombard over a barrel regarding costs so the court fee might be reclaimable.

[RoyalNelly]

you could go for a set aside via the courts, will cost you £255 but you will need some significant paperwork surropunding the whole issue or there wont be a reason to change the status quo. Now, depending on what you can eventually dig up you may have Lombard over a barrel regarding costs so the court fee might be reclaimable.

 

we have the IVA completion certificate, IVA reference number, we have the schedule of creditors included in the IVA, the details of the court the IVA was lodged, we are trying to track down details of the court judgements which I believe may have been Telford, any thoughts as to what else may be required please?