Claim form while on IVA 1 November 2021 at 1:05PM in Bankruptcy & living with it 1 reply 72 views

djduncie

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

sourcrates

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.