www.iva.co.uk

Hi,

Does anyone know what part of the Insolvency Act 1986, does an IVA protect an individual from a Court making CCJ's?

Any relevant legislation would be very grateful.

Many thanks,

I couldn't quote you chapter and verse, but as far as I am aware, any creditor included in an IVA can't take any sort of court action against you, either during or after the IVA. Not sure about secured creditors though.

One of the professionals will be along to advise further.

Are you having problems?

Yes, three ccj's after my date of my IVA.

Need to know exact part of Insolvency Act where it says that the court must not make any CCJ's against an individual in IVA.

I am going to write to the Court, need the legislation tho.

Have you spoken to your IP about this? I would think that they should be your first port of call.

No help whatsoever.

Hopefully one of the experts will be along late.

Other than that, and I know this isn't going to be of much help, you can only trawl through the Insolvency Act.

As far as I am aware, unsecured creditors shouldn't be able to take out a CCJ, however secured creditors probably can.

Hi
You could write to the court and ask them to be set aside on the grounds that you had an IVA agreed prior to the granting of the CCJs
Regards

Can they actually get a CCJ once you are in an IVA Andy?

Section 260 Insolvency Act 1986 provided that the proposal states that it is an offer in composition of your debts (or words to the effect that the balance of the debt will be written off) provided you fulfil your obligations under the arrangement.

Your IP should write to the court though.

hi,

what legislation would give the Judge automatic jurisdiction to remove the CCJ's based upon an IVA being in place?

here is s260:

260. Effect of approval
(1) This section has effect where the meeting summoned under section 257 approves the proposed voluntary arrangement (with or without modifications).

(2) The approved arrangement;

(a) takes effect as if made by the debtor at the meeting, and

(b) binds every person who in accordance with the rules had notice of, and was entitled to vote at, the meeting (whether or not he was present or represented at it) as if he were a party to the arrangement.

(3) The Deeds of Arrangement Act 1914 does not apply to the approved voluntary arrangement.

(4) Any interim order in force in relation to the debtor immediately before the end of the period of 28 days beginning with the day on which the report with respect to the creditors' meeting was made to the court under section 259 ceases to have effect at the end of that period.

This subsection applies except to such extent as the court may direct for the purposes of any application under section 262 below.

(5) Where proceedings on a bankruptcy petition have been stayed by an interim order which ceases to have effect under subsection (4), that petition is deemed, unless the court otherwise orders, to have been dismissed.

I don't think you will need to go that far. Providing these debts were incurred prior to your IVA being accepted, and were duly included in the proceedings and bound, it ought to be sufficient to the District Judge merely to refer to the completion of your IVA.

Just a quik update.

The courts have told me I need to make an application using an N244.

This is why I need the EXACT LEGISLATION.

Many thanks,

Hi
I think this form is an application to have the judgements set aside, I would use the argument that the debts were covered by the earlier IVA.
Regards

Hi Andy,

I agree,

But again, the Judge will want to know what law I am saying enables me to insist that the CCJ be removed because I was in an IVA?

The court form is an N244, but whats the legislation?

Many thanks,

Catullus has already provided you with this information - but this is completely unecessary. You should simply produce to Court a copy of your IVA proposal, Chairman's report and final report.