IVA full and final settlement

[whiskeredbattleaxe]

Re: IVA full and final settlement

Hi,

I was wondering how do I go about applying to get the claim stayed? You mentioned something about an N244 form at the court? Do I have to go there in person? I want to do this immediately as a matter of urgency.

[Guest]

Re: IVA full and final settlement

You may download an N244 from here N244 Application Notice

You should fill in the N244 and include the claim number of the case and details of the claimant. For question 1, "Do you wish to have your application dealt with at a hearing?" tick "Yes" The reason for your request to set the judgment aside goes in PART A at the top of the form. In PART B you should tick the box saying you rely on the “Evidence in PART C” In PART C of the form detail why this judgment should be set aside.

You may not be granted the set aside, but if you can show that you were misled by Payplan, or that NatWest should have withdrawn this claim or set it aside themselves, once they agreed to the sum offered under the IVA you should stand a very good chance of this being granted.

As for Payplan, have they not shown you enough ineptitude? I have no idea why you still want anything to do with them - were it not for their incompetence, you would not be in this position with NatWest having a CCJ recorded against you.

You can do this yourself, you do not need them.

[whiskeredbattleaxe]

Re: IVA full and final settlement

Brilliant, thanks Cetelco. How long does this normally take, as a ballpark figure?

[Guest]

Re: IVA full and final settlement

It is impossible to say. As you are asking for a hearing it is going to depend on how busy your local court is. Once filed however, you should get to know within a few weeks whether or not your hearing will be granted, so that part at least should not take too long.

While you are doing this, you may also like to write to Irwin Mitchell and suggest that they apply for a set aside, as you are entering an IVA. Just don't actually do anything about the IVA until that CCJ is set aside, without liberty to restore.

This way, at least one of you may be able to get rid of the CCJ and you will then be able to pay off your creditors and have neither a CCJ or an IVA to worry about.

[whiskeredbattleaxe]

Re: IVA full and final settlement

Quote- In setting aside the CCJ, you should offer NatWest payment of the sum offered to them under the IVA, before they applied for the CCJ, but in one lump sum, instead of spread over 60 months.

I'm not too clear what you mean here. The ccj was done before the creditor's meeting. For clarity, should I wait for the outcome of getting the ccj set aside, before I go about negotiating the settlement offer? Or should I make the settlement offer straight away and use that as one of my reasons to have the ccj set aside?

[whiskeredbattleaxe]

Re: IVA full and final settlement

Hi, I would really value some feedback, however harsh, on what I've written in the application form.

Part a: County Court Judgement 7QR50592 be set aside
because
1.The Defendant is entered into an Insolvency Voluntary Agreement (IVA) through Payplan Partnership. The Claimant's solicitors have stated that County Court Judgement 7QR50592 would not be enforced following written confirmation.
2. The Defendant alleges that the Claimant is guilty of creating an unlawful preference by issuing this claim when they were fully aware that the Defendant had other creditors and was in the process of arranging an IVA.
3.The Defendant alleges that CCJ 7QR50592 is invalid on the grounds of inaction and incompetence of Payplan Partnership.

Part cThe Defendant has been in a debt management plan with Payplan Partnership from December 2006 to December 2007. The Defendant has paid the Claimant monthly token payments from the point of being unable to make full repayments, to the start of the debt management plan in December 2006.From this point, the Defendant has made regular monthly payments of £101.89 into the debt management plan through Payplan Partnership and has never missed a payment.
In August 2007 the Defendant was contacted by the Claimant via telephone requesting a review of the Defendant's financial situation. The Claimant was the only creditor to take this action. This request was complied with and the Defendant telephoned case officer Wallace Justino immediately at the Payplan Partnership to discuss the Defendant's current financial situation. The Defendant's monthly repayments were increased to £110.00 per month. It was agreed that Wallace Justino would send the Claimant a copy of the revised financial statement immediately.
Following this telephone call, in August 2007, the Defendant telephoned the Payplan Partnership and asked to speak to the IVA department to discuss implementing an IVA. Actions were agreed towards the preparation of a creditor's meeting. At this time the Defendant's case was transferred from the debt management department to the IVA department. The Defendant's case officer changed several times before eventually being transferred to Cheryl Old. The Defendant found it difficult to communicate with the right person when needed, around this time. There was little continuity and communication was fragmented and inconsistent. The Client Support office at Payplan is now based in Portugal and they were changing their telephone system at that time, which was problematic.
In September 2007 the Defendant received correspondence from the claimant threatening legal action. The Defendant immediately telephoned the Claimant to find out why this was happening, since the Defendant had never defaulted on a payment. The Claimant stated that they had never received the financial statement from the Payplan Partnership. The Defendant immediately contacted the Payplan Partnership who insisted that this had already been sent. The Defendant was assured that this would be sent again. The Defendant was deeply concerned about this and asked for advice from case officers at the Payplan Partnership several times. The Defendant was repeatedly assured by the case officers that there was no cause for concern and that all would settle down once the creditors meeting had taken place.
In November 2007 the Defendant recieved the documentation stating that the Claimant had started a claim. The Defendant was extremely concerned and immediately contacted the Payplan Partnership. Again, communication was disjointed as Cheryl Old was dealing with the IVA part of the Defendant's case, while Wallace Justino stated that he would be responsible for helping with the claim form. The Defendant was again told not to worry and that this was not uncommon, but would all be sorted out once the IVA was put in place. The Defendant was told to send the claim form into Payplan Partnership, who would fill in the form on the Defendant's behalf.
The claim form was filled in by Wallace Justino and sent back to the Defendant to sign. The Defendant noticed that the financial statement on the claim form was inaccurate and out of date. The figures used were those from the beginning of the debt management plan. The Defendant contacted Wallace Justino and suggested that the financial statement should be the same as that in the IVA. The Defendant updated the financial statement accordingly but was advised that the most appropriate offer of monthly repayment was the figure he had originally calculated. The Defendant was unaware how this calculation had been derived but in good faith, trusted the word of this employee whom the Defendant considered to be more experienced and to have more expertise in this field. It is also for this reason that the Defendant was happy to go along with Wallace Justino's advice to tick the box "I admit the full amount as shown on the claim form".
In reality however, the Defendant has not received any proof of debt from the Claimant. Furthermore, the Defendant would dispute the allegation that the Defendant has refused or delayed to pay, since regular payments have been maintained throughout.
In November 2007 the Defendant spoke to solicitors at Irwin Mitchell several times to ask them to stop proceedings since we were awaiting the creditor's meeting. They asked to have this in writing from the Payplan Partnership. Cheryl Old agreed to write to Irwin Mitchell and the Defendant passed on all the necessary contact details. Despite this, the Claimant persisted in applying for a County Court Judgement. The Defendant alleges that the Claimant is guilty of creating an unlawful preference by issuing such a claim when they were fully aware that the Defendant had other creditors and was in the process of arranging an IVA. The Defendant alleges that this may have been a deliberate action.


The Claimant was highly distressed when she received the County Court Judgement. The Claimant contacted the Payplan Partnership who told her not to worry, since the IVA would override this and they were confident that the Defendant's IVA proposal was highly attractive. Distressed, the Defendant contacted National Debtline who suggested that the Payplan Partnership had been negligent in their failure to impose an interim order to prevent the issue of the County Court Judgement.

The creditors' meeting took place on 20 December 2007. The creditors agreed to the IVA however the monthly repayment has increased from the original proposal of £267.00, to £377.00. Following the creditors' meeting, the Defendant telephoned the Claimant's solicitors at Irwin Mitchell who agreed that they would apply for County Court Judgement 7QR50592 to be set aside following receipt of written confirmation about the IVA from the Payplan Partnership. To date, to my knowledge this has not happened.

Sorry, I know I know it's war and peace!! Is that about the right amount of detail though?

And what should I put in answer to these questions?
Level of judge
Time estimate
Agreed by all parties?
Parties served

[Guest]

Re: IVA full and final settlement

Quote- In setting aside the CCJ, you should offer NatWest payment of the sum offered to them under the IVA, before they applied for the CCJ, but in one lump sum, instead of spread over 60 months.

I'm not too clear what you mean here. The ccj was done before the creditor's meeting. For clarity, should I wait for the outcome of getting the ccj set aside, before I go about negotiating the settlement offer? Or should I make the settlement offer straight away and use that as one of my reasons to have the ccj set aside?

No, set the CCJ aside first. If NatWest have agreed to the IVA, which they have if 100% of your creditors agreed, then they have accepted the lower figure and further, accepted that they are not going to be able to enforce their CCJ. If you then subsequently offer them a higher figure, privately and outside of the IVA they can hardly refuse, can they?

[whiskeredbattleaxe]

Re: IVA full and final settlement

Cool. Thank you x x

[Guest]

Re: IVA full and final settlement

The Defendant was highly distressed when she received the County Court Judgement. The Claimant contacted the Payplan Partnership who told her not to worry, since the IVA would override this and they were confident that the Defendant's IVA proposal was highly attractive. Distressed, the Defendant contacted National Debtline who suggested that the Payplan Partnership had been negligent in their failure to impose an interim order to prevent the issue of the County Court Judgement.

The creditors' meeting took place on 20 December 2007. The creditors agreed to the IVA however the monthly repayment has increased from the original proposal of £267.00, to £377.00. Following the creditors' meeting, the Defendant telephoned the Claimant's solicitors at Irwin Mitchell who agreed that they would apply for County Court Judgement 7QR50592 to be set aside following receipt of written confirmation about the IVA from the Payplan Partnership. To date, to my knowledge this has not happened.

Sorry, I know I know it's war and peace!! Is that about the right amount of detail though?

And what should I put in answer to these questions?
Level of judge Leave blank
Time estimate Leave blank
Agreed by all parties? Yes (based on what you have written in Part C)
Parties served Leave blank

See above in red. It is most comprehensive and I would submit it as it is, with the above changes.

[whiskeredbattleaxe]

Re: IVA full and final settlement

Thank you Cetelco

[Guest]

Re: IVA full and final settlement

According to protocol and out of courtesy to the Claimant, you should also serve NatWest with a copy of the Application Notice.

I should also point out that if, on being served with this application to set aside judgment, the claimant believes he could show that you had no real prospect of successfully defending the claim then the Court may not set aside the judgment. However, it is my belief that you should not be subject to a CCJ in addition to being in an IVA and that the Court will agree to set aside this judgment - in particular if Irwin Mitchell already agreed that they would do it themselves.

Do not make any reference to any private settlements yet however, get this CCJ set aside first, then begin to make your offers, if you choose to do it that way, outside of any IVA.

[whiskeredbattleaxe]

Re: IVA full and final settlement

Thank you. Some good news: I spoke to Irwin Mitchell this morning and they are going to apply for a set aside. They said the reason they haven't done it so far is because they only got the confirmation of the iva on 9th jan. I also spoke to the court and Payplan have written to them so they are aware of the iva. I will follow those two phone calls up with a letter this evening so I have it in writing. And I am going to submit my own application to the court today, rather than wait for them to do it. But at least it looks like they (NatWest) are happy for the ccj to be set aside so hopefully there shouldn#'t be any problems. Cetelco you are a superstar xxX

[whiskeredbattleaxe]

Re: IVA full and final settlement

I was wondering, how many copies do I need to bring to the court and is there a fee?

[whiskeredbattleaxe]

Re: IVA full and final settlement

Having realised that it will cost me £75 to get the ccj set aside, I am now thinking I may just wait for Irwin Mitchell to do it, and just keep ringing them every few days to chase them up about it. Hopefully it won't take them too long. The woman at the court said there is no timeframe for a set aside, only if you are paying the full amount, which I'm not. I would really appreciate your opinion on this course of action because I am really going to struggle for the £75, however if you think it really would be worth my while doing it straight away then I will do that, I'll just have to find the money.

[Guest]

Re: IVA full and final settlement

You may not have to pay at all to file your N244. Take a look here Legal Beagles

Very little is understood about the system of exemption and remission and I have come across a great many people who are delaying filing for lack of funds to meet the fees.

Even though you may not be automatically exempt from paying a fee but you think you would suffer financial hardship if you did pay it, you are entitled to apply for a remission.

In order to qualify for remission you need only demonstrate that if you paid the whole fee you would suffer financial hardship. You have demonstrated that above - if you have to make such choices then tell the court staff that you cannot afford £75 and they should waive the fees. This is not means tested, it does not matter what you earn. What matters is whether or not the fee for filing will cause you financial hardship. That means right now, when you need to file it. If you do not have the money to file then that qualifies you for remission

The test for remission is based on both income and expenditure—it takes full account of all of a person's commitments and liabilities not just how much money they have or receive.