Mis sold completed IVA?

[Nightingale]

[:(!]I took out an IVA on 21 March 2006 for 1 year with a lumpsum payment. The IVA completed on 21 March 2008.
In December 2006 I received a County Court Claim as I had ceased payment of all creditors ( under IP advice). The IP wrote to County Court and creditor asking for deferment. IP also advised taking out an Interim Order.
Nothing more was heard from anyone IP. Creditor or County Court. Applied for Interim Order on 3rd Feb 2007.
IP pursued lumpsum payment for fast track IVA.
Following receipt of completion certificate in 2008 I checked my Credit Report and found a CCJ had been made on 19 Jan 2007.
The CCJ was showing and still is, as unsatisfied even though it was paid through the IVA.
The CCJ has caused untold problems for me and continues to do so. I am still in the process of trying to get it removed or at least marked as satisfied.
I did not want a CCJ and told the IP at the time. I believed that the Interim order would prevent the CCJ but it was applied for too late. The CCJ will remain on my credit report for 6 years and then be removed whether paid or not. My question is why was I pushed to make a lumpsum payment for a short IVA when I could have either paid the debt before the IVA ( taken out of IVA preparations) or accepted the CCJ and not listed it as a creditor in IVA? I see this as a mis sold IVA and am attempting to get the IVA removed and compensation for the past 3 years impact to personal finance and my business development. Unfortunately it is not as easy as it sounds. removing a CCJ is difficult and finding a compensation lawyer for this type of work is also very difficult. Up to now I have used Financial Ombudsman for creditor complaint (upheld and ongoing) and have contacted IP to make a complaint to IPA. If I can get a lawyer I will make a claim to Debt Management Company.
Has anyone any ideas of a speedy conclusion to this and know of any lawyers specialising in misold IVA's?

[plasticdaft]

You say you were pushed to make a lumpsum payment for a short IVA? Who did the pushing? Did you not agree to what you were undertaking?

The IVA would be on your file for 6 years as would any CCJ be.

Not sure that you have any hope of either removing the ccj or getting compensation for a mis sold IVA I am afraid.

Did you get advice from more than one source?

Paul

[Michael Peoples]

I am confused. If the IVA was taken out in March 2006 the CCJ should never have been granted in January 2007. You say there was an application for an Interim Order in February 2007. Was this the IP who applied for it or was it the creditor seeking an Interim Charging order?

[MelanieGiles]

Something is wrong with these dates. The chronology of all this does not make sense.

[Nightingale]

I was in full agreement for fast track lump sum IVA because I would be debt free after 1 year and could start afresh. IVA on credit report is of no consequence. CCJ on credit report is huge problem. IP advised that they had asked for a deferment and I sent money for Interim Order. I was advised that Interim Order would prevent any court orders. I signed request for Interim Order on 3rd February by then I had heard nothing from anyone about court claim so assumed (wrongly) that deferment had been granted. Interim Order was just belt and braces? As I assumed that no CCJ would be made I was very keen to get IVA over and done with within 1 year. I have gathered some information from Creditor who made claim and found out (only last week) that IP had asked creditor for 5 weeks delay in Judgement. Creditor have said that as no payment offer was made they went ahead with Judgment. They did not tell me. I have asked them if they told my IP ( no answer as yet).
Melanie - just to reiterate dates. preparing IVA through Nov 06 - March 07. IVA granted on 21 March 07. Received court claim dated 12 Dec 06. IP asked creditor and county court for deferment 19 Dec 06.Also wrote to me on 19th December suggestion Interim Order. Signed Interim Order request 3rd Feb 07. Last I heard from anyone about court claim 19 Dec 2006. Found CCJ entered on 19 Jan 06 when I checked my credit report after IVA completion in March 2008. I do have some evidence of letters semt and some recent information form original creditor who made claim. Creditor says they are not at fault because no one made any offer of payment and jsut existence of intended IVA was not enough to stop CCJ.
I am hoping eventually to talk to someone who has the expertise to understand this complicated situation. I have contacted original creditor through Financial Ombudsman. Creditor says they are not at fault. Finacial Ombudsman supports my claim. I have contacted original IP as start of complaint process to IPA. I have not contacted original company who made my IVA yet until I have gathered some more information and or found a legal avenue for compensation. Please note I did contact the IVA company initiaslly when I found the CCJ but they aboslved themselves of any responsibilty. I have been nearly two years attempting to get the CCJ at least marked satisfied as yet to no avail.
Immediate Questions
Why did my IP not advise me of impending CCJ if they had received no advice from court or creditor?
Why was I not given the opportunity to change my IVA proposal if CCJ was made or about to be made?
Why was I sent an Interim Order request on 3rd Feb osetsibly or so I thought to prevent court orders when CCJ hade been made on 19 Jan 07?
Ther are many other questions that need an answer

[Nightingale]

I am confused. If the IVA was taken out in March 2006 the CCJ should never have been granted in January 2007. You say there was an application for an Interim Order in February 2007. Was this the IP who applied for it or was it the creditor seeking an Interim Charging order?

[Nightingale]

IVA was taken out 21 March 2007. IP sent me the application form for Interim Order which I signed and returned to IP on 3rd Feb 2007. Court claim dated 12 Dec 2006. CCJ 19 Jan 2007

[MelanieGiles]

It seems clear to me that the creditor got the CCJ prior to the Interim Order and that therefore the CCJ is and was validly obtained. Whether you have a beef with your IP over this is another matter, but I am not sure why the CCJ is causing you such difficulties now when the IVA itself will remain on your credit file for six years from the date of the creditors meeting? An IVA is viewed far more seriously in the credit marketplace than a CCJ.

[Michael Peoples]

It seem to have taken a long time for the documents to be prepared and the interim order application lodged. I have no idea whose fault this was but as Melanie says the CCJ is valid. I believe however, it should be marked as satisfied since the IVA was successfully completed and you could check this out with the creditor and credit reference agencies.

[Nightingale]

It seems clear to me that the creditor got the CCJ prior to the Interim Order and that therefore the CCJ is and was validly obtained. Whether you have a beef with your IP over this is another matter, but I am not sure why the CCJ is causing you such difficulties now when the IVA itself will remain on your credit file for six years from the date of the creditors meeting? An IVA is viewed far more seriously in the credit marketplace than a CCJ.

[Nightingale]

Yes I understand that CCJ may have been validly obtained but perhaps the point I am making is that I knew nothing about it and although it has been paid I could have not paid it no choice was given to clear the CCJ or ignore it. Also my various forays involving credit checks (and this is not to obtain any kind of credit)has shown the CCJ to be the problem not the IVA which after all is completed. Anyway I shall pursue my IP and IP company because there appears to be some negligence involved

[MelanieGiles]

Good luck with this - I am not sure your complaint is going to get you anywhere unfortunately. Let us know how you get on, and I do hope that you manage to resolve this soon.