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    • bewildered1
    • By bewildered1 14th Nov 17, 1:11 PM
    • 33Posts
    • 16Thanks
    bewildered1
    CCJ advice
    • #1
    • 14th Nov 17, 1:11 PM
    CCJ advice 14th Nov 17 at 1:11 PM
    A little bit of background for those that haven't read my previous posts from a while back.
    Marriage broke apart, started sofa surfing while looking for somewhere to live, got diagnosed with illness, 6 operations needed, lost my job because of it, couldn't pay credit cards and a loan, got into a deep depression, went to stepchange who said bankruptcy would be best.
    Thankfully getting through the depression now and able to move on .

    Unfortunately it's been almost impossible to get another job. I was told I was too experienced/qualified for manual roles but not enough to go back into admin/managerial roles. This alongside having a lot of time off for the operations has made me almost unemployable. Because of that I haven't been able to get my own place or in turn go bankrupt. At long last I have been offered a job but won't get paid until end of December due to missing payroll.

    If I go bankrupt before finding a place to live I won't be able to save enough money for a deposit/first months rent nor will I pass a credit check and realistically I'm looking at February to be able to save enough for this. Then I have to get the money up together for the bankruptcy fees.

    I was told that as I was going bankrupt to stop paying the CC's and loan. I did this in April. All CC's are still active (I haven't used them). I've just had a letter from Moorcroft on behalf of Lloyds Bank requesting payment of £800 for an unpaid overdraft. I have a CC with them with a balance of £6.5K which is still active.

    I have found a sample letter asking for a 3 month hold on action while I seek advice.
    https://www.citizensadvice.org.uk/debt-and-money/sample-letters-to-creditors/Holding-letter/
    Does anyone know how likely it is Moorcroft will accept this? All of my post is sent to my brothers flat as I am effectively homeless and moving around. I don't want reps from Moorcroft knocking on his door. Also, how likely are Moorcroft likley to recommend to Lloyds to go for a CCJ? Is it more likely I will get a CCJ if I tell them I don't have a fixed abode. Is it worth telling them anyway?

    If I'm doing something wrong, concerning this or the bankruptcy, or perhaps I'm supposed to be doing something but not please feel free to tell me.

    Apologies for the questions. I've had a tough 18 months and am trying desperately to get my life back on track. I just need a little help.

    Many thanks.
Page 1
    • StopIt
    • By StopIt 14th Nov 17, 3:37 PM
    • 1,391 Posts
    • 1,184 Thanks
    StopIt
    • #2
    • 14th Nov 17, 3:37 PM
    • #2
    • 14th Nov 17, 3:37 PM
    The likelihood of an original creditor seeking a CCJ is almost nil.


    They will sell the debt first, and you'll get notice of a letter before action before that, and if you tell them on impending insolvency, they'll not bother because it'll be a sunk cost.


    Send the letter you have linked to. Nobody will be knocking your door in response, not least from Moorcroft who only manage debts, and have 0 powers to enforce them.
    I'm a Board Guide on the Debt Free Wannabe, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
    • bewildered1
    • By bewildered1 14th Nov 17, 3:49 PM
    • 33 Posts
    • 16 Thanks
    bewildered1
    • #3
    • 14th Nov 17, 3:49 PM
    • #3
    • 14th Nov 17, 3:49 PM
    Thank you StopIt for your advice. I'll send the letter.

    From your experience, and bearing in mind I stopped paying the creditors in April, what do you think the likelihood of them giving me a CCJ before the end of February? I only ask because that's how long it will take me to get a deposit up together for a place of my own and a CCJ will mean I won't pass a credit check.
    • StopIt
    • By StopIt 14th Nov 17, 3:53 PM
    • 1,391 Posts
    • 1,184 Thanks
    StopIt
    • #4
    • 14th Nov 17, 3:53 PM
    • #4
    • 14th Nov 17, 3:53 PM
    Thank you StopIt for your advice. I'll send the letter.

    From your experience, and bearing in mind I stopped paying the creditors in April, what do you think the likelihood of them giving me a CCJ before the end of February? I only ask because that's how long it will take me to get a deposit up together for a place of my own and a CCJ will mean I won't pass a credit check.
    Originally posted by bewildered1

    Have any of the debts been sold on to a DCA, rather than just being managed?


    I'd send the holding from action letter to all of your creditors, notifying them of impending insolvency, as keeping them in the loop will likely halt any potential action, at least for a while.


    However, each DCA and situation is different and nobody can say if any may try to chance a court claim at any point. However, they MUST send a Letter Before Action before they submit any claim, and you can tell them (again) at this point that you're facing insolvency and thus a CCJ will just be money wasted.
    I'm a Board Guide on the Debt Free Wannabe, Credit Cards and Loans boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Any views are mine and not the official line of moneysavingexpert.com. Board guides are not moderators. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com

    In debt and looking for help? Look here for the MSE Debt Help Guide.
    Also, If you need any free and impartial debt advice, the National Debtline, Stepchange, and the CAB can help.
    • bewildered1
    • By bewildered1 14th Nov 17, 4:17 PM
    • 33 Posts
    • 16 Thanks
    bewildered1
    • #5
    • 14th Nov 17, 4:17 PM
    • #5
    • 14th Nov 17, 4:17 PM
    None of my debts have been passed sold on to DCA's. In fact only Lloyds have passed one on to be managed, and only the overdraft, not the CC debt I have with them. All of the others still have their accounts open and are sending me regular statements.
    • debt doctor
    • By debt doctor 14th Nov 17, 9:41 PM
    • 4,166 Posts
    • 5,832 Thanks
    debt doctor
    • #6
    • 14th Nov 17, 9:41 PM
    • #6
    • 14th Nov 17, 9:41 PM
    Hi,
    I agree that you should send the letters to buy some time.


    Highly unlikely one of these creditors will take court action any time soon, even if they do - the process itself takes time.
    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
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