CCJ versus PVA

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rachel243

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Joined: Thu Aug 20, 2020 3:07 pm

Post by rachel243 » Thu Aug 20, 2020 3:07 pm
I am in a Partnership with my uncle (Non LLC) with large debts
My uncle died and everything went to Probate
One of the creditors pursued me personally for £25k debt and won a CCJ against me personally back in Nov 2019.
The Partnership was eventually put into PVA in June 2020.
I did not pay the CCJ and they have now issued a Writ of Enforcement for the CCJ.
Question - does the personal CCJ trump the PVA as it was issued before the PVA and I acknowledged the debt personally or do I have grounds to apply for the CCJ to be set aside and form part of the PVA?

MrMole

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Joined: Thu Aug 06, 2020 11:16 am

Post by MrMole » Thu Aug 20, 2020 11:07 pm
The ccj is now a personal debt and will not be bound, as far as pursuing you is concerned, by the PVA. Even without a CCJ, if the partnership had insufficient assets to pay its debts, you would be personally liable.

Did you have any advice about IVAs at the time the PVA was set up?
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