Can a creditor issue a CCJ when in an IVA? Creditfix not helping!
Posted: Tue May 08, 2018 1:56 pm
Hi all
I’ll try and keep this as brief as possible because it’s a long story and I’m not very worried. Our biggest creditor of the IVA has issued a CCJ and it’s gone to a court date because ‘they do not accept it as part of the IVA’ they’ve also tried to obtain repayments through my employer. The debt is in the chairman’s report of the IVA and was not contested at the time. Before the IVA had been completed, I did have an investigation for fraud (the debt is housing benefit) but it was dropped as I showed it wasn’t fraudulent. Even in communication via email, although the council have mentioned the investigation we have emails to both us and Creditfix saying the debt isn’t fraud.
We’ve been confident up to now that because the debt is in the chairman’s report and is confirmed as part of the IVA, and whilst Credit fix have been really poor and vague with their communications (at one point they told the council it wasn’t in the IVA!) they have today confirmed it’s in the IVA and unless it’s fraudulent which it isn’t, then they can’t get the payment outside of the IVA. And the ccj isn’t about fraud, it’s about the council obtaining the money back.
I am worried though, that why would the council take me to court if it’s an open and shut case that it’s included in the IVA? Surely their legal dept would tell them not to bother?!
I’ll try and keep this as brief as possible because it’s a long story and I’m not very worried. Our biggest creditor of the IVA has issued a CCJ and it’s gone to a court date because ‘they do not accept it as part of the IVA’ they’ve also tried to obtain repayments through my employer. The debt is in the chairman’s report of the IVA and was not contested at the time. Before the IVA had been completed, I did have an investigation for fraud (the debt is housing benefit) but it was dropped as I showed it wasn’t fraudulent. Even in communication via email, although the council have mentioned the investigation we have emails to both us and Creditfix saying the debt isn’t fraud.
We’ve been confident up to now that because the debt is in the chairman’s report and is confirmed as part of the IVA, and whilst Credit fix have been really poor and vague with their communications (at one point they told the council it wasn’t in the IVA!) they have today confirmed it’s in the IVA and unless it’s fraudulent which it isn’t, then they can’t get the payment outside of the IVA. And the ccj isn’t about fraud, it’s about the council obtaining the money back.
I am worried though, that why would the council take me to court if it’s an open and shut case that it’s included in the IVA? Surely their legal dept would tell them not to bother?!