I have an active IVA, as well as a CCJ

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Faye 123
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by Faye 123 » Fri Sep 01, 2017 1:28 pm
Hello all,

I have an active IVA, as well as a CCJ. I am lucky enough to be in a role where my wages have increased steadily and the IVA is now a hinderance. I owe £18k on the IVA however my monthly payments over five years will equal around £11.5k. I have paid 4K to date and want to offer a £6k full and final offer, pay plan thought this would be reasonable. I can then pay off my CCJ, which has £1.5k owing and have control of my finances once again.

My question is - how long does the process take? I am writing my letters and will have them to pay plan by Monday. They have quoted 4-5 months, which seems an awfully long time to me?

I really appreciate any help and hope I have given enough information.

Thanks,

Faye
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Foggy
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by Foggy » Fri Sep 01, 2017 1:40 pm
I am afraid that Payplan are notorious for taking their time over these matters ! They should draft the variation within 21 days, then give the creditors notice of the meeting (another month), so the process should take two months -- but ... Payplan routinely stretch this out to suit their own dwindling resources and often take more like 6.
Faye 123
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by Faye 123 » Fri Sep 01, 2017 1:47 pm
Thank you Foggy. That isn't ideal! Is there anything I can do to speed this up? Perhaps quoting what the SLA's should be may do the trick?

I would love to be able to get this sorted before Christmas. I can't imagine how good it will feel to end this nightmare. :lol:

Thanks,

Faye
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Foggy
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by Foggy » Fri Sep 01, 2017 1:51 pm
It's always worth a try ...but Payplan do seem to march to their own drum and pretty much believe they are fireproof!
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neverending
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by neverending » Fri Sep 01, 2017 6:35 pm
Hi

Is the CCJ debt not included in your IVA ?

Kind Regards
Faye 123
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by Faye 123 » Fri Sep 01, 2017 7:32 pm
Hello,

Nope, they asked her (old landlord) but it was started March 15 whereas the IVA October 15 so I understand the reasons for them not wanting it included. I just find the IVA so restricting, I really hope they accept the offer. I just want it sorted as quickly as possible.

I think the one thing that may work against me is that I have monthly payments of 148 but have been having to pay extra every month due to the bonus rules.

I have definitely learnt some life lessons - I will never again have anything that I cannot afford to pay for in cash. I expect you guys are the same?

Xx
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Foggy
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by Foggy » Fri Sep 01, 2017 7:48 pm
Faye 123 wrote:
Hello,

Nope, they asked her (old landlord) but it was started March 15 whereas the IVA October 15 so I understand the reasons for them not wanting it included. I just find the IVA so restricting, I really hope they accept the offer. I just want it sorted as quickly as possible.

I think the one thing that may work against me is that I have monthly payments of 148 but have been having to pay extra every month due to the bonus rules.

I have definitely learnt some life lessons - I will never again have anything that I cannot afford to pay for in cash. I expect you guys are the same?

Xx



I am 4 years out the other side (ended early) and still live to the in IVA budget -- and still owe no-one a penny ! So, yes, the lesson sticks :-)
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Lisa Thomas
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by Lisa Thomas » Mon Sep 04, 2017 8:28 am
if the IVA started after the CCJ then the CCJ debt is included in the IVA...even if the landlord voted against the IVA - the majority voted in favour so she is bound by it too.
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Michael Peoples
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by Michael Peoples » Mon Sep 04, 2017 11:29 am
I agree with Lisa that this does not make sense. A CCJ does not give the creditor any extra rights unless they can secure the debt and you should not be treating one creditor better than the others.
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Foggy
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by Foggy » Mon Sep 04, 2017 11:41 am
Check your paperwork --- was the CCJ debt listed in the proposal and is the ex landlord listed in the Chairman's report as a voter / non - voter ? Has your IP been paying dividends to her ?
Faye 123
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by Faye 123 » Mon Sep 04, 2017 5:31 pm
Hello guys, sorry I missed the notifications!

So the CCJ is definitely separate from the IVA, she gets 117 per month as per the original agreement and I pay 148 monthly to the other creditors.

I have just checked all of my (free) credit reports to start getting things in line and luckily all of the defaults are listed in 2015 - the year or the dreaded IVA and CCJ. Interestingly enough, the CCJ isn't listed on any. Is this normal? I definitely have a CCJ as I remember getting the judgement letter.

Thanks in advance for your help xx
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Foggy
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by Foggy » Mon Sep 04, 2017 5:51 pm
As I understand it a CCJ is simply a court confirming that you do owe a particular debt and ordering repaymenbt terms. A CCJ can be overturned and absorbed by an IVA and the debt should then have been included in the arrangement.
I am guessing this is all water under the bridge now, but your IP has acted incorrectly.
Faye 123
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by Faye 123 » Mon Sep 04, 2017 6:08 pm
Thanks Foggy - I will double check with PayPlan next time we speak as to why the CCJ wasn't included. I believe it was to stop the landlord going for an attachment of earnings as I didn't want my company to be involved.

Can anyone shed any light on why the CCJ isn't coming up on any of my credit files? Xx
Faye 123
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by Faye 123 » Mon Sep 04, 2017 6:13 pm
I have just checked my emails and my old landlord advised PayPlan she would continue legal action and would not accept payments from the IVA. It seems they brought this up at the creditors meeting and it was deemed acceptable.
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Michael Peoples
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by Michael Peoples » Tue Sep 05, 2017 8:03 am
If she had more than 25% and could block the IVA then other creditors could have agreed for her to be paid. It is unusual but when she threatened this you could have counter threatened with bankruptcy if you had nothing to lose. This might have made her back down.
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