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Posted: Thu Apr 28, 2011 10:24 pm
by ldc
Evening All, Quick question I recently received the blue claim form from Northampton County Court and was advised by my IVA rep that I didnt need to fill this out and too leave alone as im due to get my proposal shortly and my IVA should be agreed before any action taken. I did this and now I have received the Judgement for Claiment (by default). Does this mean i now have a CCJ and if I dont pay then Im likely to get bailiffs round, My IVA rep says this is just the second stage and that I should now receive further forms to fill out. but the only thing Ive got is a solicitors letter advising that a Warrent of Execution/Attachment of Earnings/Charging order may be now issued. Can anyone advise if this is just common practice or should I now be acting on this as the IVA rep seems to think I still shouldnt Panic. Any advice welcome

Posted: Fri Apr 29, 2011 12:01 am
by Broke of London
Hi and welcome! I'm well and truly out of my depth here but wanted to say hello and reassure you that someone who can help will be along over the next day or so. Being bank hols it's a bit quieter than normal on the forum but do keep checking back xx

Posted: Fri Apr 29, 2011 12:21 am
by langerbridge
Hi, I had a similar event with next I was advised to accept the debt & ended up with CCJ which from what you have written has happened here. Will the company not speak to the solicitor for you? If not you could speak to them. Start to finish for my IVA was 11 weeks to initial conversation to approval. I had to make one payment in the CCJ. The IVA will take over the CCJ in terms of payment & both stay on file for 6 years. If you check your credit file it will confirm the CCJ if it has been applied.
I'm sure one of the experts will advise in more detail what to do over the weekend!

Posted: Fri Apr 29, 2011 8:45 am
by kallis3
I'm surprised your IP didn't take out an interim order to stop the CCJ going ahead. At least it would have delayed things until after your creditor meeting.

You need to speak to your IP to advise them of what has happened.

Posted: Fri Apr 29, 2011 2:15 pm
by Michael Peoples
You need to get your proposal circulated before this gets any worse. You now have a CCJ registered against you but this will form part of the IVA unless the creditor gets the debt secured.

Posted: Fri Apr 29, 2011 7:31 pm
by ldc
I thought it was strange when advised not to do anything when I received the initial papers. But now im more worried as they have advised me not to do anything after receiving the judgement by default. Will contact them first thing Tuesday for clarification as the last thing I need at the moment is this. Many thanks to all for taking the time to reply.

Posted: Fri Apr 29, 2011 7:39 pm
by Foggy
Hi. I am inclined to think your IP might be being a little TOO relaxed about this. OK, it isn't an insurrmountable problem, and, providing the creditor doesn't go for security, it will be included in the IVA. But, it could (should) have been avoided.

Might I ask who your IP is ?

Posted: Sat Apr 30, 2011 11:44 am
by Broke of London
Hi - good luck for Tuesday! I hope the can do something for you xx

Posted: Sat Apr 30, 2011 1:56 pm
by kallis3
Hope you get this sorted - let us know what happens on Tuesday.