www.iva.co.uk

Hi,

My IVA was originally with FWG and then transferred to CF this year.

I took out an IVA in Aug-21, I then received a random CCJ notice by a creditor in September and this was passed onto FWG who stated they would sort it out given it was a debt missed out of the proposal before the IVA was active.

I've since checked on the CCJ register and can see this CCJ being marked against my name as unsatisfied, I have since contacted CF and supplied all original docs and letters I'd received last year in order for them to add the debt to the IVA and remove the CCJ.

Will the court remove this off the register upon CF supplying relevant info?

An IVA 'trumps' a CCJ and the CCJ should be removed. However, the effect of adding this in to an existing IVA depends on the amounts involved and the reasons it was not disclosed at the start. If it is a relatively small amount, it should slot in seamlessly. But, if it is sufficiently large enough to severely impact the returns already agreed it could overturn the arrangement and would need to be agreed, again, by creditors.

Thank you

It is relatively small, my total iva debt is £26k - I have two fines entering the CCJ which was debt unknown by me before taking out the IVA and are a total of £480.

You say these are 'fines' --- are they court or police issued fines or PCNs (parking penalties) ?

Court or police issued fines cannot be included in an IVA, but parking charges generally can.

Sun May 29, 2022 12:35 pmFoggy wrote:

You say these are 'fines' --- are they court or police issued fines or PCNs (parking penalties) ?

Court or police issued fines cannot be included in an IVA, but parking charges generally can.

They are PCNS from a private parking company service

The PCN will be bound by the IVA like any other secured debt, and whilst it'll be bound by the IVA getting the CCJ removed will likely be a pain in the *ahem* despite the fact it's bound.

The likely scenario is that the wheels were already in motion to apply the CCJ whilst your IVA was being proposed and it's crossover.

It's worth noting that the CCJ will drop off your credit file after 6 years much in the same way your IVA will, ie, a month after your IVA drops off - the CCJ will too. So in the grand scheme of things, not the end of the world.