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Claim form while on IVA
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djduncie
Posts: 1 Newbie
Hi all hoping I can receive some advise on my matter with a creditor I owe money to while on an IVA.
My IVA started in May 2020 and one of my creditors unknown to me until recent months wasn't added to the IVA and have now received a CCJ Claim Form from the claimant. This debt was due back in 2016 and the claim form was issued on 11/10/21. I have submitted an acknowledge of service for the claim on 25/10/21 for which I must respond by admitting or defending the claim by 8th Nov.
Few months prior to the claim being issued I received a debt letter from the creditor claiming the monies owed and have responded to this letter which leaves me asking why the claim was issued to begin with. I informed my IP as soon as I received the claim form and they have now contacted the creditor regarding my IVA and awaiting their response. In this circumstance how should I go about responding to the claim? The debt amount is £2091.40 with the added interest and solicitor costs etc they're claiming £3,305.75. I'm hoping to get the debt added to the IVA without having to go through courts not sure where I stand. Trying to avoid CCJ in addition to IVA at all costs.
Thanks
My IVA started in May 2020 and one of my creditors unknown to me until recent months wasn't added to the IVA and have now received a CCJ Claim Form from the claimant. This debt was due back in 2016 and the claim form was issued on 11/10/21. I have submitted an acknowledge of service for the claim on 25/10/21 for which I must respond by admitting or defending the claim by 8th Nov.
Few months prior to the claim being issued I received a debt letter from the creditor claiming the monies owed and have responded to this letter which leaves me asking why the claim was issued to begin with. I informed my IP as soon as I received the claim form and they have now contacted the creditor regarding my IVA and awaiting their response. In this circumstance how should I go about responding to the claim? The debt amount is £2091.40 with the added interest and solicitor costs etc they're claiming £3,305.75. I'm hoping to get the debt added to the IVA without having to go through courts not sure where I stand. Trying to avoid CCJ in addition to IVA at all costs.
Thanks
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Comments
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That means you were aware of the debt "a few months" prior to getting the claim form, you should have contacted your IP at that point to have the debt added to your arrangement.
They may still be able to do this, I don`t see why not, if the clamant obtain`s a judgement in the meantime, once the debt gets added, the CCJ will be void.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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