CCJ after & during IVA setup - Removal possible?

THX-1-1-3-8

Hi all, could with some advice. Short story, CCJ on debts already in an IVA. 

My partner recently completed an IVA after 4 years, paying her debts off a year early. Her IVA was with Payplan who suddenly have ZERO interest in any level of support now they have had their fill. A vulturous company and anyone reading would do well to avoid.

Whilst my credit is excellent hers is not so we have recently been taking out limited credit cards for her and paying them off etc. She now has 4 cards all with 0 balance come payment time and has not had any "adverse" credit, IVA not withstanding, for 4 years according to multiple credit agencys and her credit is steadily climbing.

However while reviewing her equifax records it appears that two CCJs are showing on her profile. She was not aware she had a court judgement against her as they are recorded at an old address -  she moved in with me shortly before the process started.

We identified the creditors involved by checking the CCJ amounts against old collections letters and both debts were 100% included in the IVA - one of the creditors voted in favour of it. All creditors were provided with her current address - I know that for a fact as it was me who drafted and posted the letters.

The CCJs:

Both are for credit card debt.

One CCJ is dated 5 weeks after her IVA was agreed, with the initial payment paid and her name was on the insolvency register. Its a large one for about 4k. 

There is also a smaller one dated 3 weeks prior to the IVA being confirmed, but the IVA had already been put to the creditor at that point so they knew an IVA was on the way. This was for a smaller amount of £800.

Both CCJS have no satisfaction date on them - which Ive taken to mean they are still showing as outstanding. When we had a conversation with a mortgage broker recently he confirmed they would be viewed as "live" by banks.

Question:

The question I have is - is the £275 fee mandatory and can it be refunded / cost recoverable? Certainly the later of the two was awarded against a "protected" debt and my broker told us it was illegal? 

Alternatively, who is responsible for getting this marked as satisfied? The court? The creditor? My partner?

I understand that a set aside is required to have a CCJ removed - and a good reason for the court is needed and she would need to attend court. However, im not sure its worth paying £275 each to remove them. It is just over 2 years until they are removed anyway but I dont think it would hurt to have them taken off now.

[Deleted User]

If you/your partner have not watched the, recent, Panorama programme on Debt, do it today, it's enlightening and educational.
You, yourself have been a forum member for many years so you'll already know about this topic but watch it anyway !

The IVA your partner chose doesn't appear to have actually paid her debts - the programme may tell you why.
The company handling her debts will have prioritised their fee over the repayment of her debts - again, do watch that programme. 

Those defaults showing 3 times indicate that the original creditor is still owed that money.
The company that bought it from that creditor didn't receive any monies so it's defaulted a 2nd time.
Same with that other company that bought it from the 2nd there.
So, it can appear as outstanding and, as it reflects the current position it can't actually be removed as innacurate. 

EDIT:
I didn't realise Payplan were charity like Stepchange, consequently you weren't paying them to do the work for you.

sourcrates

If the debts were included in the IVA then there is nothing for you to do.

The insolvency revoked the judgements, they are now unenforceable, so they cannot be enforced.

The problem is there is no way to mark a CCJ included in an insolvency, so although they can`t be enforced, they can`t be marked as settled or removed either, and will be there for the full six years, a set aside would be a waste of time and money as there is nothing that can be done.