CCJ Just prior to IVA

[herbek]

Jut getting to grips with things now that my IVA was approved in December and starting to look at various issues.

Just prior to the IVA being accepted I received the court papers of a CCJ against me. Now since the IVA was accepted this became null and void for want of a better description though I believe the creditor could claim the costs of that against me in the IVA (have to check that) but since the IVA has been accepted can I get this CCJ removed from my credit file.

Thanks

Kevin

[Storm]

No unfortuately not........

The only way to get the judgement removed is for it to be set aside and the grounds for that under Civil Procedures are very limited.

[herbek]

Oh well,

I'm sort off not that bothered anyway. The letter threats of 'your credit ratig will be ruined' just made me laugh after a while.

When this is all over, as long as I can get one credit card (just to be able to hire cars on holiday for example) and can arrange a mortgage if I want to move I WILL NEVER TAKE CREDIT AGAIN till the day I die.

Thanks

Kevin

[neverending]

Herbek
As you state its not worth worrying about your CCJ as by the time you finally get your IVA finished it will be only a matter of months before your ccj "falls" off the register.I also believe that in a few years pre-paid charge cards will used alot more and not everyone will rely on credit cards.
Finally I am sure that you can ask for a ccj to be set aside on the grounds that you were not present at court and as your creditor is now part of your IVA I doubt if they will bother to contest it.Storm,who is extremely knowledgable in this area, should be able to confirm this or not.
Regards

[Storm]

The reasons are listed here:

http://www.insolvencyhelpline.co.uk/ccj ... easons.htm

I think the problem will be by including it in your IVA will be deemed an admission.

The CCJ does have an impact on your credit score but so do defaults, an IVA flag and poor payments so overall getting it removed wont have to much impact.

The one area where is does have an impact is re-mortgaging as CCJ's are still considered when underwriting mortgages and can effect rate.

At present mortgage lenders look at CCJ + Value whereas there is a move towards simply counting the number of CCJ's over a given period and ignoring the value.

To give you an idea with an IVA flag you would need more than 5 CCJ's for it to have a small increase on a mortgage rate. (Based on underwriting criteria at the top 5 sub-prime mortgage lenders)