tenancy credit checks & IVA

[newtenant]

Hi Kerrie
Yeah I thought it would be fine if removed from file, but what about in the process of being removed with written documentation to prove this?
(no not BR i'm just IVA?)

Also, does anyone know if the creditors should have been aloud to be able to do this? I mean it's a bit nasty to put in for a CCJ the day of the IVA agreement isn't it? Does anyone know my rights in this situation?

[Storm]

The creditor didn't 'Put in for a CCJ the day of the IVA'

The process means you were served with paperwork at least 28 days prior to judgment being automatically entered in default. Prior to that they must serve you notice of there intentions at least 7 days before the submit papers to the County Court.

What legal grounds are you looking to apply to the court to have the judgement set aside ? There are a limited number of reasons that the court will consider.

[newtenant]

Hi Storm

Yes, didn't think about that one, they must have ;(
I would have thought someone with the court would have clocked this going through?

So one of the creditors who were not up for the idea of an IVA settlement must have gone down the route of a CCJ weeks before.

I can't remember having any notice of this, but then my IVA practice told me to ignore all contact from my creditors, tell them that it is out of my hands and will be taken care of by my IVA company.

The CCJ should not be on my record if it is being paid, it is unfair. I mean what is the point of trying to correct our faults with an IVA and not BR if creditors are aloud to do this kind of thing?

So maybe 'no notice' & 'the creditor is being paid back via an IVA agreement'

???

[Adam Davies]

Hi newtenant
Your full debts are owed right up to the time that your IVA is concluded,it is only then that your remaining debt is written off and you owe nothing so your creditor has a right to obtain a CCJ.
However having a CCJ on your file is immaterial as an IVA registered on your file will have a far worse affect on your credit rating.An IVA is an alternative to bankruptcy but some financial institutions class IVAs and bankruptcies the same.
Your ccj will fall off your credit file the same time as your IVA so you are no worse off.
Have a look at the private sector for renting.
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[newtenant]

Hi Andy

???

Sorry I disagree...
With the IVA, the credit check would have been fine, with the CCJ, it clearly wasn't...

Creditors are still allowed to place CCJ’s on you? Is that fact?
So they can still put a CCJ on me even though it was to be settled via an IVA?

If that is the case... well what’s the point in IVA's I could be sitting here with all sorts of CCJ's on my record from all the other creditors, and that is clearly wrong...

When I spoke to my IVA company said that they shouldn't have done that...

I can't work out how you can say I would be 'no worse off' ???

I have looked at the private sector and it is very thin ;(

[Storm]

I can confirm in credit scoring terms the score in the 500 range is a combination of IVA and CCJ both would have the same material effect on the score.

The companies I am aware of who operate in the rent guarantee business would have an issue with the IVA / CCJ / poor payment history.

You have a good argument if the CCJ proceedings commenced once the creditor was notified your IVA was accepted but until that date your creditor was simply looking to gain advantage over other creditors and I doubt you will get it set aside.

If your IVA hadn't gone through or your IVA fails in future that creditor will be in a stronger position than your other creditors.

[newtenant]

That is unfair ;(
They shouldn't be allowed to have the chance to punish people more than the term already allocated by the courts...

So are these grounds to remove?
'no notice' & 'the creditor is being paid back via an IVA agreement'

So if I managed to remove the CCJ, would the credit score go up?

[Storm]

Score will possibly go up by a little bit

No notice you would have to prove you didn't recieve any of the letters or court papers. This difficult to do unless you weren't at the address at the time or they were sending info to the wrong address.

Being paid back as part of IVA wont get judgement set aside.

When they applied to the court your IVA hadn't been accepted so they weren't double 'punishing' - and if your IVA fails they will be at the front of the Q

[newtenant]

So are you saying if I can't shake this CCJ away by the means we spoke about, it would be in my best interest to go BR?

Whats the point in being in an IVA if it doesn't set me apart from BR & CCJ's?

[Adam Davies]

Hi
Just to clarify,creditors are entitled to gain a CCJ right upto the IVA agreement.They can,t after your IVA is agreed.
Your quote "Sorry I disagree...
With the IVA, the credit check would have been fine, with the CCJ, it clearly wasn't..."
All I can say is from experience an IVA is far worse than a CCJ on your credit file.Did your letting agent say that an IVA on your credit file would be acceptable in an insurance backed tenancy agreement ?
Regards


Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[dcl]

I went through a credit check last July for a rented property and had been in my IVA for 2 and a half years at the time. I was up front with the agent and told them about my IVA but when they did the credit check they said I had passed it with no problems as I had no CCJ's or BR, so I guess it depends on what referencing agency they use.

[newtenant]

Hi Andy you might have a point there, they only mentioned that the CCJ had stopped it going through...

So would anyone say that this unfair that they should be allowed to be able to do this, it went through the same day as my IVA ;(
Plus NO conformation letters saying that this was going to court ;(

Also would you say if this is the case, and I can't remove this CCJ, would BR be the best situation for me to be in?

[Adam Davies]

Hi
Do you not feel that an IVA is right for you ?
BR would have the same impact as an IVA on your credit rating.
They have done nothing illegal in obtaining judgement but you can try to have it set aside by saying that you were not given notice,but what would you gain ?
Regards


Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

[kerrie2]

FIRSTLY DO NOT GO BR AS YOU WILL DEFINATLY NOT BE ABLE TO GET RENTED PROPERTY ANYWHERE.
IF YOU ARE UPFRONT WITH A GOOD AGENT YOU MAY GET A RENTED PROPERTY WITH THE PROCEESS OF THE CCJ BUT ARE MORE LIKLY TO GET IT IF THIS AS BEEN REMOVED.
I ONLY SAID RENT PRIVATELY AS THIS IS A EASIER PROCESS
SOME AGENTS ARE OPERATING A NO DEPOSIT SCHEMME WHERE YOU DO NOT PUT A DEPOSIT DOWN BUT CHARGE YOU A FEE EACH MONT OF UP TO THE VALUE OF THE RENT
ie a property that rents for upto £500 a month they will charge you £28 aq month this is to cover if anything happens to the property when you are in it IE RUINED CARPETS FOR EXAMPLE then at the end of the tenacy you will not have to fork out for the ruined carpets but you also recive no money at the end as you would if you put a deposit down then you would get your deposit back
i know that you are paying £28 pounds a month but look at this as life insurance or home you dont get money back from this
sorry if ive rambled on
hope you understand this
try not to worry about all this all you can do is shop about
try to be positive and be honest EVERY AGENT IS DIFFERENT
this is what we did in our agency.
good luck kerrie[:)]

kerrie kirkham

[newtenant]

Thanks for all the replies by the way

Not sure really, the reason I went down the whole IVA route was because it was supposed to not tarnish my record other than the IVA itself (well not as much as a BR anyway)...

But now, from what I understand as far as credit checks go, an IVA is just as bad as BR's & CCJ's (or worse than CCJ's)

When you weigh up 5 years of paying an IVA plus having rubbish credit for 5 years plus CCJ's that can't be removed

Or BR lump costs, 1 year of payments (probably allot cheaper than IVA payments) bad credit for 5 years and a CCJ to boot