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Posted: Thu May 31, 2007 1:57 pm
by el.m
our iva was accepted at the end of march then in april i received a county court claim form from one of the creditors included in the iva. I telephoned the company managing the iva and they said to ignore the claim form and they faxed the company. However today in the post i received a county court judgement in default ordering me to pay the full amount owing. I thought the courts were aware of iva's. How could this have happened and why am i still being contacted.
Posted: Thu May 31, 2007 3:24 pm
by ivoriva
Get in touch with your IP, and get them to deal with it. Fear not though, you should be able to get this overturned and removed from your credit file - as your IVA supercedes a CCJ.
If it was me, I would also call the court and tell them about the situation, and seek their advice - just incase the IP doesnt do anything about it.
The whole process of CCJ's is fairly automatic I think, and I suppose that is why this is happened. I think creditors/DCA's/Solicitors can even apply online, and they probably instigated proceedings before your IVA was approved and just havent bothered dealing with it since. As you never responded to the courts, the automatic process has come through to this final judgement.
I suppose there is also a slim possibility that the CCJ papers are fake, in which case a call to the courts would be recommended, just to make sure you know where you stand.
I also have to add, this is just my opinion and what I would do... I'm no expert, just another debtor..
Posted: Thu May 31, 2007 3:27 pm
by Adam Davies
Hi
Get your IP to deal with this,and follow it up until it has been dealt with.
Regards
Andy Davie
IVA.co.uk Spokesperson and site manager
(aka Neverending)
Please check out my blog:
http://andydavie.blogs.iva.co.uk
View my profile here:
http://www.iva.co.uk/andy_davie_profile.asp
Posted: Thu May 31, 2007 3:30 pm
by iva experts
Great information given by ivoriva, a CCJ is overturned when an IVA is accepted. However there may have been a delay in filtering the news of your IVA approval to the right department.
Contact your I.P as soon as you can. It wouldn't hurt to call the Court to update them of your situation also.
Best Regards. IVA Experts
Posted: Sat Jul 21, 2007 4:59 pm
by hara
Is this company American express by any chnce?
I have a ccj while I was in the process of arranging IVA and my creditors and their solicitors were aware of it.
My IVA Was approved recently.
So am I to understand that I can have ccj over turned,is it relly true? If so how can I do it or will my IP have to do it? i have kept my IP informed of ccj.
hara.
Posted: Sat Jul 21, 2007 8:21 pm
by hara
el.m.
who is your IP?
hara.
Posted: Sun Jul 22, 2007 5:33 am
by iva_squirrel
Hello, I think iva experts is write. You might want to call the Court to update them of your situation.
Kind regards,
Julia Simavi
Shortlisted with special commendation for Debt Counsellor of the Year by Credit Today Awards 2007
View my profile:
http://www.supersonicsquirrel.net/julia ... rofile.asp
Visit my website:
http://www.supersonicsquirrel.net
Credit Today Awards 2007
http://www.credittoday.co.uk/awards/winners.htm