CCJ filed after IVA filed- Is this valid???

chicqa

HI All,
I am trying to find out some information with regards to an IVA that I have settled early:T.
I recently have been checking my credit file and I have seen that along with the IVA taken out back in July 2007 an additional CCJ has been entered for just over £10k by Natwest in Oct 2007 and they are already included in the IVA?!?
I just really want to check if this is allowed and if not how easy is it to get this removed?

Really appreciate any feedback.

Thanks
C
x

fermi

The CCJ should not have been granted if you had the protection of the IVA, so you could in theory apply to have it set aside on the grounds that it should never have been made.

Tixy

Did you defend against the CCJ at the time court action was being taken?

To get it removed now I think you would need to put in a set aside application - on the basis that it shouldn't have been granted as it was already part of an agreed IVA.

chicqa

Tixy wrote: »

Did you defend against the CCJ at the time court action was being taken?

To get it removed now I think you would need to put in a set aside application - on the basis that it shouldn't have been granted as it was already part of an agreed IVA.

I actually didn't check my credit file at the time of taking out the IVA, so I have been completely unaware of this CCJ until now as I am checking the status of the IVA as this is completed now.

chicqa

fermi wrote: »

The CCJ should not have been granted if you had the protection of the IVA, so you could in theory apply to have it set aside on the grounds that it should never have been made.

Hi Fermi,
Thanks for your comments
I will look to get this set aside as it definitely relates to a creditor in the IVA, much appreciated.:D