county court judgement from creditor in IVA

[ivas4us]

I have just received a county court judgement from one of my creditors saying a did not respond to the claim form. I did respond to the claim form and sent a letter saying I was entering into an IVA and that I disputed the amount claimed as I felt the loan agreement for the vehicle had been done fraudulently due to the purchase price on the loan agreement saying the purchase price was over £14,000 when in fact the purcgase price was £11,300. They are threatening to remove goods from my property. Please can anyone offer some advice.

[tele2002]

Is the CCJ dated before or after the IVA approval out of curiousity?

[LoneRanger]

Would this have been included in your IVA?

[Julie]

is there a form for you to complete with the judgement?

Send a letter to the court explaining you're in an IVA.

[Max]

Paul was that debt in the IVA - if it was the Court action will fail! There is someone else on here who had a similar problem with Lloyds - it failed and they received an apology from Lloyds and the Court. Don't want you having any more worries. David

[ivas4us]

judgement is after start of iva. creditor was included in the iva, i wrote to the court explaining we had applied for an iva and even disputing the claim but they say i did not respond. feel like going br monday

[LoneRanger]

If this was included in the IVA then they can't do anything anyway. AS for the CCJ if it is dated after your IVA was accepted then ask for it to be removed, if it was before yout IVA was approved then It will be clear from your credit file before the IVA is anyway.

[ivas4us]

They didn't even vote at the creditors meeting. Whats annoyed me is they say I failed to respond when I did respond.

[Julie]

Paul - just contact the court ( lloyds took my hubby to court post IVA). The court will cancel the judgement.

You could ask your IP to help too. xx

[ivas4us]

Hopefully David will comment when he is around. I just feel really annoyed as they have treated me really badly. They fudged the figures in the first place which I beleive is Fraud. Volkswagen put it into court straight away. I had one letter from them giving me 30 days to pay over £6000 shortfall from them collecting and selling the car and then they went straight to court.

[mole]

dont worry paul. Give david a ring on monday. He will love getting his teeth into something like this

[Max]

Yours will be cancelled Paul - just looked up IVAs /CCjs - write to the Court and send it by RD - don't lose the receipt!

[MelanieGiles]

They cannot enforce a post-IVA debt, and the CCJ can be set aside but you will need to make an application to Court. Best to let your IP deal with this for you.

[Max]

There you are Paul - you have your answer! Keep in touch.

[ivas4us]

thank you Melanie, that has really put my mind at rest.