In IVA but have received court summons

Bexjp72

Hi All

I had my IVA agreed back on the 21st January 2016. GMAC who were including within the IVA sent me a court summons the week before last. The company dealing with my IVA wrote to both GMAC and the court but today I have received a letter from the court saying they can not respond the McCambridge Duffy as they don't have them on record as acting on my behalf and a copy of the letter will be placed on file for the District Judge to review on the day of the case!

I am very confused and concerned that even after entering into an IVA, which was down to being left with all the debt from a previous business, I have still received a court summons. McCambridge Duffy have told me that the IVA supercedes any other action but with this letter this morning I am getting very worried about it all.

Any advice from an IVA expert would be appreciated.

rizla_king

Bexjp72 wrote: »

McCambridge Duffy have told me that the IVA supercedes any other action but with this letter this morning I am getting very worried about it all.

it does but if a company is dumb enough to take legal action you've got to go through with the court procedure. unless they discontinue you have to oppose it so it'll end up with judge throwing it out.

National_Debtline

I think it's worth writing to GMAC yourself to explain that you're in an IVA and point them in the direction of the Individual Insolvency Register. They can search it themselves and your IVA should be shown on there. It might convince them to stop the court proceedings as they'll just be wasting their time and possibly money.

James
@natdebtline