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James.js
- Posts: 4
- Joined: Fri Dec 09, 2011 4:47 pm
Hi,
I took an IVA in Feb 2010. I paid each month until I did an early settlement this June from a third party donor.
When I checked my credit report in June, I saw that there was a CCJ against me dated May 2010, even though the IVA was running since Feb 2010! The creditor was part of the IVA, although they are saying the IVA company did not contact them until 2011 and they did not vote! The IVA company have sent me a thorough document detailing all the dates that they did contact the creditor throughout the period and before the first payment and voting.
I did not know about the IVA as I moved house in 2010 and did not get any communication from the court or creditor.
I have since got them to mark it as "settled" on my credit file, however, it should not even have happened and it is keeping my credit rating at "very poor" equifax says.
What can I do about this?
Thanks!
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ginger323232
- Posts: 544
- Joined: Thu Jan 10, 2013 12:31 pm
- Location:
Both the CCJ and IVA will remain on file for a total 6 years - regardless of how early the IVA is settled
Last edited by
ginger323232 on Sun Aug 04, 2013 11:57 am, edited 1 time in total.
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James.js
- Posts: 4
- Joined: Fri Dec 09, 2011 4:47 pm
Hi thanks, but the point is the CCJ should not have happened as the creditor is in the IVA!
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ginger323232
- Posts: 544
- Joined: Thu Jan 10, 2013 12:31 pm
- Location:
Then unfortunately - only way it can be challenged is through is through a court. If you use the link it will explain the procedure and fees, it will also explain that a change of address is NOT always a reason to have the judgement overturned
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James.js
- Posts: 4
- Joined: Fri Dec 09, 2011 4:47 pm
Hi thanks but I am not basing this on a change of address...it is the fact that the IVA started in 2010, the debt /creditor was part of the IVA. The CCJ was issued in May 2010 - this should not have even have gone to court. They had no right to issue the CCJ as the debt was covered by the IVA.
The creditor is saying they were not fully made aware of the IVA by my IVA practitioner, and the practitioner is saying they did contact them, and sent all the proof and dates of contact.
What do i do?
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ginger323232
- Posts: 544
- Joined: Thu Jan 10, 2013 12:31 pm
- Location:
Regardless of what you do - you will find your IVA/CCJ and account defaults will all remain on file until the six years have elapsed - as long as they are marked settled/or partial settled. Gaining any form of credit may prove problematic during this time
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ginger323232
- Posts: 544
- Joined: Thu Jan 10, 2013 12:31 pm
- Location:
IVA doesn't rule out a CCJ - it just prevents it being enforced - Your IVA company may have been able to block it being issued. Personally i wouldn't bother with it - let it drop off in six years same as your IVA and account defaults
