Another post IVA issue

lordcockerspaniel

After successfully completing the IVA I honestly thought that was it. VWFS have finally caved and cleaned up my credit report. I managed to rent a flat, and open a current account…

I received yesterday a letter from Reston’s Solictors, who it seems work for HSBC, saying that they placed a charge on my house, before the IVA on behalf of an HSBC credit card I had. This credit card was included in the IVA. 

I spoke to Stepchange a few weeks ago as Reston’s sent me a letter saying I had something incoming. Stepchange said I had nothing to worry about, to contact Reston’s, send them the completion report, and it would go away. Strangely HSBC took not a penny from the IVA. When I spoke to the solicitors a few weeks ago, they claimed they couldn’t do anything as HSBC had not forwarded the paperwork yet and there was no reference number. This appears to be nonsense.

I presume this is just going to be a case of me forwarding the completion report and them saying sorry and removing the charge? We were about to put the house on the market due to my partner and I separating. Please tell me it’s not going to be another formal complaint and a referral to the ombudsman?

I honestly thought that when the IVA ended that would be it, at the moment it seems to be the gift that keeps on giving.  

sourcrates

The reason why HSBC "never took a penny" from the IVA, is because they couldn`t, as the debt would not have been included in your arrangement.

A charging order obtained before the IVA was agreed, makes the debt a secured one, and thus cannot be included in an IVA, only after you enter an IVA are you protected from further legal action, your IP should have told you this.

Sorry to be the bearer of bad news but this HSBC debt will still exist, and will be collectable.

lordcockerspaniel

It’s on all the paperwork, they are listed. I’ll have to ask Stepchange. It’s not a massive amount of money. It’s annoying though.

ManyWays

I received yesterday a letter from Reston’s Solictors, who it seems work for HSBC, saying that they placed a charge on my house, before the IVA on behalf of an HSBC credit card I had.
Had HSBC/Restons got a CCJ for this card debt before the IVA started?
What date was the charge registered on your house, have you looked at the land registry? 

lordcockerspaniel

I can’t find a charge at the land registry. Not sure if I’m looking in the right place.

ManyWays

were you aware of the CCJ before the IVA?

sourcrates

Certain solicitors in the past have insinuated that a charging order exits, and on further investigation, this has turned out to, lets say, not be true.

This needs urgent clarification, as a secured debt cannot go into an IVA, it would cast doubt on the validity of the whole arrangement if this charging order exists, and was lodged prior to the IVA starting.

You normally have to pay Land Registry a small fee to see the full entry for your address.

lordcockerspaniel

The IVA has been completed, and I have the certificate…

I will send a copy of the letter to Stepchange. There was a CCJ, I remember sending all the paperwork to Stepchange and them replying that I wasn’t to worry as the debt was now included in the CCJ. I’ll try and find the email trail.

Grumpelstiltskin

This is the Land Registry website you need.

HM Land Registry - GOV.UK

fatbelly

I think it's £7 now for a copy of the title register

If there is nothing on the charges register, then it is not secured

If the property is jointly owned it will appear as a restriction