Many moons ago, things went exceedingly pearshaped (lost our house etc.) and we ended up with a CCJ for around £8k which was owing to one of the major high street banks. The amount included various costs and interest accrued under Section 69 of the County Courts Act 1984 “continuing until payment/judgment.”
Our joint offer to pay a nominal amount each month (let’s say it was for £13 – I won’t give out the exact amount, lest they are spying) was accepted and we have been paying this faithfully every month for over 15 years. At the current rate (assuming there is no interest or revision allowed ?), we’ll be well past 100 years of age when it is cleared if we are around to see it.
I can’t believe that we are back in a corner, after such a promising improvement in our financial position around 10years ago, but that’s just the way the mop flops – and how it has flopped!! [:(] Anyway, my main question here is, if we have to face the music and go down the IVA route, can a small regular payment like this just continue or do we have to contact the bank and explain what’s going on and the balance outstanding will be added to the IVA arrangement? OR, is the judgment so old that it could be cancelled, written off, unenforceable etc … I just do not know where we would stand on this? We have no involvement with this bank other than the CCJ, and apart from requesting occasional paying-in books (prior to paying direct from our current bank) we have had no contact since the CCJ was registered.
Really not sure on this one, I can't remember if you can include a CCJ or not.
I'm sure one of the professionals be along later to advise.
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
A CCJ can be included in the IVA. Given the age of the debt it may be unenforceable in that the creditor cannot take any further legal action against you but it does seem to be still owing so in my opinion it should be included in the IVA.
As you have been making payments to the debt, it will not fall outside the limitations period. The debt must be included within any future IVA application.
Lesley. All CCJs including attachments of earnings can be included in IVAs except where the creditor has secured an order charging land and secured the debt against the property. In these cases you would have to make an allowance to repay the secured debt in the same way as any secured loan.
I wasn't sure about that either. One to be stored away for the future.
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
i have 6 old ccjs that i have been paying off religiously for the last 10 years.it will take about 25 years to pay these off. if these are included in an iva application will these be cleared in 5-6 years time too? thanks
