CCJ debt included in my IVA which was accepted Dec 2010 but CCJ still received MAY 2011 - are they allowed to this if I included it as an unsecured creditor in my IVA?
You may find the below helpful - however there are fees/ strict criteria involved in overturning a CCJ.
The IVA does NOT rule out the CCJ - it just prevents it being enforced (assuming it was entered into the IVA)
Where you aware of the pending CCJ ??
The CCJ was for an unpaid gym membership £127!!! The last communication I received from the gym was 30/11/10 saying they would be taking legal action. As I was in the process of having IVA approved which happened 23/12/10 and I had this included in the IVA yet 09/05/11 received the CCJ. I was not made aware the IVA would not cancel out the CCJ. However I suppose my IVA person would have thought I could not have afforded to pay it as I stopped paying all my creditors whilst IVA being drawn up. It was only for £127 so wish I had known otherwise as could have asked my family to pay as they were aware of my predicament and the imminent IVA. I am writing to them anyway asking for the CCJ to be amended to satisfied as included in IVA and IVA completed 21/04/15!
Last edited by Tillergirl on Thu Feb 18, 2016 11:03 pm, edited 1 time in total.
I dont think writing to creditors would have any effect on the date of CCJ - this is a court held record/register- so any queries I believe require contacting the court direct. - The court has its own CCJ register.
Positive thing !! is it may take your IVA a couple of months to close after your last payment - so all the IVA/CCJ/defaults will end up falling off a few months of each other.
As i mentioned before a IVA and CCJ are two diffrent things - the IVA does not cancel out the CCJ - it just prevents it being enforced
Thanks you for the advice and information. So there really is no point writing to the gym debt collectors to contest the CCJ and the court will probably do nothing.
Is it worth me getting one of those high interest credit cards now...so I can start repairing my credit file? Or should I just wait until IVA and CCJ both off my file.
There was an old thread on the forum a few years ago - about this. It was stated there was no benefit of the creditor obtaining a CCJ after the IVA - (in some circumstances it could be stopped)as the debt would be included in the IVA.
However if was issued, the CCJ would still remain for the full six years. - Even with the debt included in the IVA
As the the original poster mentions, she makes the last last in Dec 2016 - by the time the closure happens and a certificate issued - she may only be looking at few months anyway before the CCJ falls off automatically.
Applying for high interest credit card - is obviously a personal choice - but until the IVA/CCJ falls from you credit file, you file will be trashed.
Also be careful to ensure you are able to apply for credit (should be mentioned on your proposal form)as the last thing you want to happen is have problems with your IVA.
Well done in getting this far - not long now
Sorry i missed read - thought you IVA was still active.
In which case you IVA will drop off in Dec 2015.
Again up to you if you need a Credit Card - personally I use it like a Debit Card for everything - as pay it off monthly.
Good bit is - the hard bit over !!
Have look around on the Web - I sure the CCJ has to stay. Fustrating for the sake of £127, i can understand, however none of us are blessed with ability to look into the future - so dont beat yourself up over it.
Hi I didn't think you were - I just sent off a quick reply then afterwards remembered that CCJs were slightly different than ordinary defaults hence the added post.
Yes in the perfect world the IP will liaise with the creditor directly to tell them no point in continuing with the CCJ.
Alternatively they could get an interim order preventing it but this wouldn't be worth it unless an interim order was already required to stop a Bankruptcy Petition or other action taking place before the IVA mtg can be held.
