Claim form issued whilst on IVA

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Post by djduncie » Tue Oct 26, 2021 6:10 am
My IVA started in May 2020 and one of my creditors unknown to me until recent months wasn't added to the IVA when it started and have now received a CCJ Claim Form from the claimant. I've immediately informed my IP but not sure where I stand. This debt was due back in 16/04/2016 and the claim form was issued on 11/10/21. I have submitted acknowledge of service for the claim yesterday 25/10/21 and selected the option to defend the claim and contest jurisdiction. Not sure if was the right option because I do not know whether this debt can be added to the IVA, I'm currently in no position to be able afford monthly payments in addition to the IVA repayments.

Any advise in this matter would be appreciated, thanks.


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Post by kallis3 » Tue Oct 26, 2021 7:02 am
This debt would be covered by your IVA as it was pre your IVA. Your IP needs to sort this out and you need to get them to do it quickly. In the meantime you could contact the creditor and explain that the debt is covered by your IVA.
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