IVA PROTECTION AND INSOLVENCY ACT 1986

[pm.e]

But no legislation..........??????

So why would the Judge set aside???

[Skippy]

I don't understand why you need the legislation - surely the details will be on the form and the judge will be aware of the reasons.

[kallis3]

They should be - plus you have details of your IVA and completion, so that should be enough.

[MelanieGiles]

Since when was Section 260 of the Insolvency Act 1986 not good legislation? If you are doubting what Catallus and I are telling you, can I suggest that you seek legal advice.

[pm.e]

You have to understand that giving a reason because so, and so said on a wesbite may not cut it with a Judge.

If you cannot help and provide the legal reason, then I will ask a Solictor.

[MelanieGiles]

Well I guess that so and so is going to dip out of this post, because it doesn't seem to be getting us anywhere.

[Shining]

Melanie is a highly respected Insolvency Practitioner who does know her field exceptionally well and would always give accurate advice, explain to the Judge that you have spoken to an Insolvency Practitioner etc., and I'm sure it will be fine. x

[catullus]

We are in very technical territory, here, but I think that the answer you are after is s260 2(b).If the IVA was approved all creditors are bound and if the debts have been succesfully compromised then there is no legal remedy.

An IP would simply send the Chairman's report to the Court together with the certificate of completion and ask for the judgement to be set aside. It should never have been granted as a matter of law.

[Til]

I could be wrong but I assume the Judge would already know the legislation since he is a Judge afterall! I would not think that a member of the public would need to quote specific legislation as we are not solicitors. Afterall if for example someone committed a crime against me and it went to court I wouldn't have to know and quote which law prohibited the crime surely??? That is for the courts to know.

If I were you pm.e I would follow Melanies advice as you will see if you follow this forum that she is very highly respected and qualified.

[pm.e]

Melanie,

You have misunderstood my post.

All I am asking for is a clear piece of legislation, that would enable a judge to remove or set aside these CCJ's

Obviously, nobody knows of any and therefore, why would a Judge set aside or remove???

[Skippy]

I agree with you Til, and I find it strange that the advice that Melanie and Catullus are giving isn't being taken, especially as they have confirmed the relevant section of the Insolvency Act.

[Declan at DebtFreeDirect]

I certainly believe this should be something that your IP handles as has already been mentioned. Perhaps a conversation with him or her might be the best step?

Thanks

[Adam Davies]

Hi
Use the advice given and let us all know how you get on
Regards