www.iva.co.uk

CCJ debt included in my IVA which was accepted Dec 2010 but CCJ still received MAY 2011 - are they allowed to this if I included it as an unsecured creditor in my IVA?

You may find the below helpful - however there are fees/ strict criteria involved in overturning a CCJ.
The IVA does NOT rule out the CCJ - it just prevents it being enforced (assuming it was entered into the IVA)
Where you aware of the pending CCJ ??

https://www.gov.uk/county-court-judgmen ... dit-rating

The CCJ was for an unpaid gym membership £127!!! The last communication I received from the gym was 30/11/10 saying they would be taking legal action. As I was in the process of having IVA approved which happened 23/12/10 and I had this included in the IVA yet 09/05/11 received the CCJ. I was not made aware the IVA would not cancel out the CCJ. However I suppose my IVA person would have thought I could not have afforded to pay it as I stopped paying all my creditors whilst IVA being drawn up. It was only for £127 so wish I had known otherwise as could have asked my family to pay as they were aware of my predicament and the imminent IVA. I am writing to them anyway asking for the CCJ to be amended to satisfied as included in IVA and IVA completed 21/04/15!

I dont think writing to creditors would have any effect on the date of CCJ - this is a court held record/register- so any queries I believe require contacting the court direct. - The court has its own CCJ register.
Positive thing !! is it may take your IVA a couple of months to close after your last payment - so all the IVA/CCJ/defaults will end up falling off a few months of each other.
As i mentioned before a IVA and CCJ are two diffrent things - the IVA does not cancel out the CCJ - it just prevents it being enforced

As far as I am aware once you complete your IVA it will drop off once the 6 years from the start of the IVA has passed.

The debt is included in your IVA anyway so should be cleared as part of the IVA process.

Thanks you for the advice and information. So there really is no point writing to the gym debt collectors to contest the CCJ and the court will probably do nothing.

Is it worth me getting one of those high interest credit cards now...so I can start repairing my credit file? Or should I just wait until IVA and CCJ both off my file.

I am hoping to remortgage at some point.

There was an old thread on the forum a few years ago - about this. It was stated there was no benefit of the creditor obtaining a CCJ after the IVA - (in some circumstances it could be stopped)as the debt would be included in the IVA.

However if was issued, the CCJ would still remain for the full six years. - Even with the debt included in the IVA

As the the original poster mentions, she makes the last last in Dec 2016 - by the time the closure happens and a certificate issued - she may only be looking at few months anyway before the CCJ falls off automatically.

Snap Tillergirl - i was typing as you replied.

I totally understand why you want rid of it, but for the sake of a few months !!

Applying for high interest credit card - is obviously a personal choice - but until the IVA/CCJ falls from you credit file, you file will be trashed.

Also be careful to ensure you are able to apply for credit (should be mentioned on your proposal form)as the last thing you want to happen is have problems with your IVA.
Well done in getting this far - not long now

I've completed early with a F&F in April 2015! SO have completion certificate.

I had drafted a letter to gym debt people with copy of IVA unsecured creditors - which they are named as one - and copy of IVA completion cert!

But as I am now aware IVA does not cancel out CCJ it isn't worth posting!

IVA was for £47k and CCJ for £127!!!!

IVA started 23/12/10 and CCJ came through on 09/05/11. Not fair really when was doing everything I could to resolve my situation.

Sorry i missed read - thought you IVA was still active.

In which case you IVA will drop off in Dec 2015.

Again up to you if you need a Credit Card - personally I use it like a Debit Card for everything - as pay it off monthly.

Good bit is - the hard bit over !!

Have look around on the Web - I sure the CCJ has to stay. Fustrating for the sake of £127, i can understand, however none of us are blessed with ability to look into the future - so dont beat yourself up over it.

Having thought about this again based on a recent experience with one of my ex clients I don't think you can do anything about the CCJ, sorry.

You will have to wait for the 6 years from the start of the CCJ.

Writing to the gym or the Court won't make a jot of difference.

Sorry Lisa - I wasnt challenging you - its just what i have read.

How easy is it for a IVA company to stop a CCJ being applied for ? - i also suppose this has to be done in a certain time frame ??

Hi I didn't think you were - I just sent off a quick reply then afterwards remembered that CCJs were slightly different than ordinary defaults hence the added post.

Yes in the perfect world the IP will liaise with the creditor directly to tell them no point in continuing with the CCJ.

Alternatively they could get an interim order preventing it but this wouldn't be worth it unless an interim order was already required to stop a Bankruptcy Petition or other action taking place before the IVA mtg can be held.

Thanks for the advice!

It's just I will be looking to remortgage in the near future.

Looks like I will be waiting until May 2017 when both IVA and CCJ are off my credit file.

I have no need for a credit card but would have taken one should it help repair my credit file.