Back to the CCJ?

liquidbutindebt

I posted a couple of days ago regarding a 100% IVA that HMRC were determined to turn down. Prior to the IVA I was paying a CCJ that HMRC had slapped on me.

Obviously I stopped paying the CCJ so as to not give preference to any particular creditor during the IVA process. Assuming my MP can't help me with the crazy situation at HMRC, can I return to paying the CCJ? I would imagine, given the facts, that a judge would have sympathy with my situation. I am liquid enough to maintain the CCJ I had with HMRC and should be able to negotiate repayment terms with my other creditors (Credit Card companies) seperately.

Is this possible and, if so, what do I need to do to go about it? I asked my IP about it but he didn't have an immediate answer and said he'd look into it!

debtinfo

You are obviously free to negotiate a repayment plan with any, some, or all of your creditors. However they would not be bound by this agreemnet as they would in an IVA and you are not protected against them taking action against you if they change their mind

liquidbutindebt

I'm not so concerned about the other creditors to be honest. I already have one CCJ, so if the worst comes to the worst, a few more isn't going to harm things. What I am concerned about is that I broke the payment history on the HMRC CCJ to start the IVA process. Now that looks like it's not even going to get off the ground (despite offering all creditors 100% return!!!), I want to know if I can revert back to that CCJ in order to avoid bankruptcy.

tigerfeet2006

bumpity bump!!

Feelingfoolish_3

Hiya
When you start the IVA process your IP should have applied for an interim order - this stops your creditors taking any enforcement action, so you should ask if he did that. If not then HMRC could have started enforcement action and may involve bailiffs; you would receive a warrant of execution informing you when they will attend. You can then vary this order. You need to get in touch with HMRC and let them know why you stopped paying and most probably pay the arrears you have missed and then continue with the CCJ.

Im really suprised HMRC issued a CCJ when they have enforcement at their fingertips! I.E. their own bailiffs???
HMRC offer a confidential helpline 0845 6086000. There is also some useful information at http://www.taxaid.org.uk/uploadedfiles/document/1_311_TAXAID_-_TAX_DEBT_October_2008.pdf

Good luck