Charging orders and IVA's

[ianball22]

Hi everyone,
my problems are complicated:
1. I have 2 charging orders against a property I jointly own with my ex wife, she lives there I don't. They are business debts in my name only, 1 being a PG I gave to RBS for a business overdraft of 25k, the other a PG I gave for truck finance, the truck was taken and sold for less than it's value leaving me with a 8k shortfall. My ex will not sell the house which is worth 200k with a 62k mortgage, can I force her to sell and are the charging orders legal?
2. I entered into an IVA 2 years ago but I have found out that they did not include the 2 debts relating to the charging orders or the property and also did include csa debt of 7k but they are chasing me for this debt as they say they don't accept the IVA, is this true or do the csa have to accept the IVA.
Look forward to your comments.
Ian

[FlamingParrot]

Re: Charging orders and IVA's

Hi and welcome

Unfortunately many companies out there promote IVAs as the ultimate debt solution without explaining things fully.

If you look at this factsheet, you will see that neither secured debts nor CSA maintenance payments can be included in an IVA: http://www.nationaldebtline.co.uk/en...y_arrangements

What debts can be included in an IVA?

You can include most types of debt in your IVA proposal, but bear in mind that your creditors may object. See the next section ‘What is the procedure for an IVA?’. You can include priority debts such as council tax arrears, tax debts, fuel debts and so on. However, you cannot include:

• maintenance, or arrears of maintenance, ordered by a court;
• Child Support Agency arrears;
• magistrates' court fines;
• mortgage, secured loan or rent arrears unless your lender or landlord agrees (which is unlikely); and
• student loans (for IVAs made on or after 6 April 2010).