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?
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
Have you spoken to your IP about this? I would think that they should be your first port of call.
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
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.
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
Can they actually get a CCJ once you are in an IVA Andy?
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
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.
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.
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
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.
