Can a creditor issue a CCJ when in an IVA? Creditfix not helping!

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Winningturtle
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by Winningturtle » 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?!
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MerlinL14
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by MerlinL14 » Tue May 08, 2018 3:24 pm
If you are confident that you do have all the proof and correspondence, then if it gets to court the council are going to look really stupid. A Magistrate would just throw it out after consultation, you could even claim damages and pay it into your IVA for the benefit of the other creditors. Now that would be real irony. I am surprised your IP has not responded to either you or the council though! I can only assume the stress this is causing you, but if the debt is in black and white on the chairman's report from your IP then for you it is a non event.
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kallis3
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by kallis3 » Tue May 08, 2018 4:39 pm
Is it to do with Council tax? Big change with that now as it is not included within an IVA.
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Foggy
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by Foggy » Tue May 08, 2018 5:11 pm
Councils are well known for mounting cases that will go nowhere !
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luluj
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by luluj » Wed May 09, 2018 12:34 am
If its in the agreed iva then it is in ... the council will look really stupid if they take it to court.
I would personally write to the chief exec of the council and explain asking them if he wishes his council to bring themselves into the public eye onba case that is so clearly in the favour of yourself and not the council.
Winningturtle
Posts: 6
by Winningturtle » Wed May 09, 2018 3:00 pm
Thanks all.

The first line should have read it’s NOW worrying me, not ‘not worrying me’!

It’s a housing benefit debt, in one of the calls, the woman at the council said it’s public money so not included in the debt but creditfix have assured me it is. The only way it can be taken is if it’s proven fraudulent which 1, it isn’t and 2, that wouldn’t be a claims court that would be a criminal court about fraud charges wouldn’t it?

So the head of the council is the right person to contact about this? I will be so happy if the magistrate throws it out! The only contact I have is the head of the benefits office and she’s the one making the ccj.
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