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CCJ while in an IVA
I went into an iva during 2012 and this was completed in 2019. During 2016 one of the creditors of the iva applied for a CCJ but as paperwork went to a wrong address I knew nothing about it until they tried to enforce it. I wrote to the court and I received a letter back saying no enforcement could take place due to the creditor not sticking to the terms of the iva and applying for the CCJ but that I would need to apply to set aside the CCJ. I didn't bother at the time but of course now I can see the impact this is having on my credit rating. As the CCJ should not have been made can I claim back costs of setting aside the CCJ from the creditor or does anyone know how I can get the CCJ removed? I don't want it marked as settled because this still looks like i had a CCJ which I shouldn't of.
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Comments
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Application for a set aside costs money unfortunately.
Your options are -
Set aside with consent from creditor, cost £100.
Set aside without consent from creditor, cost £255.
In both cases remission is available on the fee if you are on benefits or a low income.
Court form N-244, for set aside, and form EX-160 for help with fee`s.
Although if the judgement was applied in 2016, it will drop off your file anyway next year, the "hit" your credit rating is taking should not be that much of an issue, as I'm sure your not that keen to get into debt again so quickly, are you ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0
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