Hi. I have been in an IVA for three years and kept up all the payments. Part of the IVA is for our house to be sold in year four (next year) and the IVA to then continue for a further year.
I have just received a CCJ for a building contract that I undertook pre the IVA for £20000.00. I rang Grant Thornton who is managing the IVA and the advise was non existent.
I can't pay the £20k by next Tuesday as per the court order. Further more I never received a trial date so this amount could have been as little as £5k if I got to defend myself.
Distraught and confused! Any advise would be appreciated as I am feeling that I would rather go bankrupt than have bailiffs on the door step.
Not sure about this - hopefully one of the experts can help so will bump it back up.
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
First step is to have the CCJ set aside on the grounds that you did not receive the original paperwork/summons
All debts prior to your IVA should be covered so that creditors can't take legal action, was this debt listed in your original proposal ?
You must go back to GT and get them to deal with this
Thanks for your quick response. To get the judgment set aside I would have to fill out a N244 form and pay a fee. Is that correct?
This debt was not listed in my original IVA but the contract concerning this had ended before the IVA was approved.
Grant Thornton are worse than rubbish for advise. You only get to speak to someone in customer services who just says send in the paper work for them to review it.
The overall position is that as I have to sell my house next year anyway, would I be better off just going bankrupt. It won't affect my ability to work as a self employed builder and I don't rely on credit of any sort since the IVA.
The iva is £120k with the proviso that my wife gives £30k from her half of the house upon its sale. Once the mortgage is taken into account the balance of any sale would be approximately £125K. Would my wife still have to honour the £30k if I went bankrupt?
The debt should be captured within the IVA and GT will sort this out. However I can understand why you would to terminate the IVA and remove the obligation for your wife to pay £30k. What I do not understand is why this was agreed in the first place when the house was going to be lost anyway.
It does seem a bit harsh but I do not know the full ins and outs of the case. Asking for some of your wife's equity plus the sale of the house seems to doubly penalise you so if the house is to be lost anyway then I can see the attraction of bankruptcy.
This is a pre IVA debt and I think should therefore be included in your IVA. As long as the potential debt was only known about pre IVA there should be no issues with this. Get the CCJ overturned and tell the creditor to send their claim to GT.
Thank you to all who have advised. I really appreciate it.
How do I go about over turning the CCJ?
The judgment has demanded the money be paid by tomorrow the 20th October. Am I right in saying the claimant has to wait 14 days before they can issue enforcement proceedings.
Would that be enough time to enable me to stop men in black coats knocking at the door?
I would really like to fight this CCJ. I attend two pre trial hearings with the claimant but didn't get the trial date sent through.
The reason for two pre trial meetings is that after the first pre trial meeting, the court failed to inform both parties of the actual trial date, so everything started again.
I haven't got the money to afford professional representation - due to being in an IVA so it's a bit of a vicious circle.
I will send off the Judgement to Grant Thornton tomorrow but won't be holding my breath on any prolific action.
Speak to GT and tell them about this - they should be able to sort this out for you. It is a priority!
Sharing from experiences of dealing with debt
The greatness of a man is not in how much wealth he acquires, but in his integrity and his ability to affect those around him positively.
Bob Marley. http://kallis3.blogs.iva.co.uk
There is "should be able to" and there is GT. The two are very distant kallis3 , this is GT we're talking about !
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
ps. not sure about the 14 days, don't pay and they take it away always has peole who have applied for a CCJ to be enforced to the high court that doesn't seem to have grace periods that county court has, I'm no pro though you may need to google....
My Blog details, the route I took before IVA, how I choose my firm, equity release advice (year 4-5), challenging the CRA's keeping IVA on credit file once gone from insolvency register
IVA ended August 2015. Would recommend McCambridge Duffy
Useful links from longslog. Send off the form and see what happens. As far as I'm aware bailiffs can't be sent in once an application to set aside the CCJ has been made.
I have filled in the form N244 which my wife will drop off to Slough County Court tomorrow and pay the £155 fee (for not receiving a letter!!)
I have also copied the judgement and that will get sent by post in the morning along with a covering letter to Grant Thornton to explain the circumstances.
I will let you know how things pan out either way.
