What happens to a CCJ if the IVA fails ?

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casie
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by casie » Thu Nov 30, 2017 11:48 pm
I have a ccj in my iva what happens to the ccj if the iva fails?
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Foggy
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by Foggy » Fri Dec 01, 2017 7:57 am
In the normal course of events the CCJ would have been set aside if superceeded by the IVA. If the IVA then fails you are back to square one with all creditors and the creditor who issued the IVA wuill pursue you again. I do not know whether the old CCJ can be re-enforced, but they would, in any event, be able to get another issued. The debt would still have to be dealt with, one way or another, along with the others.
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MerlinL14
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by MerlinL14 » Fri Dec 01, 2017 7:49 pm
I didn't have a CCJ lodged against me during my IVA but do know that a friend who had an IVA that did. During the IVA the CCJ was 'set aside' as it was raised while the IVA was active. She was informed by her IP that if the IVA failed then the raiser would have to lodge a new claim as the previous CCJ would not be valid.
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