www.iva.co.uk

Hi a guys after some advice please. I finished my IVA last March after starting in March 2007. I had to wait a long 6 months to get my completion certificate but it came at the end of October 13. I have since been looking at my Credit file and although I was able to get any related defaults removed quite easily there is 1CCJ showing from 18 months after the start date of the IVA. Further checks help me identify that this was in fact on one of the debts included in my IVA. I initially wrote to my iP Grant Thornton as they took over my case from Accuma and I had contacted Accuma at the time who said to ignore it send them the paperwork and they would deal with the court but clearly they didn't. It takes GT about 3 weeks to respond to any requests and when they did they basically said you need to take up with the creditor. I contacted the court who said I would need to pay an £80 fee to apply for it to be set aside but I would need to prove it's the same debt inthe IVA. In my final report the creditor is shown as the debt collection agency but the CCJ is the company they were working for Welcome Finance. In December I got a copy of the CCJ and could see it was applied for by solicitors working for welcome finance. I contacted them and they were very helpful and submitted an application to the court to have the judgement set aside as it was applied in error. Since then the court appear to have rejected it asking for more evidence, even though it was the same court I had my IVA registered with. I have passed all IVA docs to the solicitor and they are chasing the court on my behalf but I am not sure the court are yet willing to accept the application and set aside the CCJ. There is no urgency by them yet this is an error by the creditor and the court it's as though my legally binding IVA has been disregarded. I am still not able to feel free why this hangs over me and will impact me for career opportunities I had been looking at and mortgage possibilities. The nightmare continues. Do you know who I can get to help from to get the court to sort this out. Are they answerable to anyone??

Any forum experts out there with any thoughts?

Hi

I wonder if it is not worth just waiting until September when the CCJ will fall off after the six years are up ?

Regards

Hi Andy - it may well end up that way , I just don't see why I should be penalised in this manner, are there no regulations about creditors applying CCJ's once an IVA is approved and running?

I didn't think they could do this when the debt was included in the IVA and like you I'd want this removing now. An IVA is to protect us from this after entering one.

Hope you get it sorted but if not September I guess. All the best.

Thanks Lesley, it just doesn't seen right that I should still be being penalised. I kind of feel what's the point in entering into an IVA if creditors can apply CCJs 18 months after the start and then no one is there to help get this corrected.

I would tell gt that it is there job to get the creditor to amend it as it was within your iva which they supervised and got the fees for.we would be in right state if we let all creditors do this and the ip said nowt to do with me guv when they had there share and you thought you were in the clear

Hi

I agree with you that this should not happen and should be a straight forward fix, I just know from experience that you will have a battle on your hands.
Good luck

Regards

Pleased to say a notice from the court advising they have set the CCJ aside was received today. Happy Days!!!

Great news ...peseverance paid off !