Ccj

menageamoi · 7 October 2017 at 1:58PM

Hi

Another one from me I'm afraid...

I have a four year old CCJ and obviously I'll declare that as an outgoing/debt on the BR form but is there anything else I need to do - like tell the court that issued it?

Thanks

ToxtethO'Grady · 7 October 2017 at 7:04PM

Not the court but the creditor or DCA that is managing it that you are BR - give your BR number and they will check the insolvency register. Keep up the payments until then or ask if they will allow you to reduce it, they'll probably want an up to date income and expenditure before doing that.

If they refuse,and you really could use the money that you are paying them,you can use an N245 form to vary it and be sure to see if you qualify not to pay the fee for varying it. It's usually £50 but if you are on benefits or on a low income you can go to https://www.gov.uk/get-help-with-court-fees to see if you are eligible.

menageamoi · 8 October 2017 at 11:54AM

Thanks - that's helpful. On one level I'm sure it's an ongoing expense that the OR will allow me - but as the full debt is now attached to the house that I can no longer afford ( hence bankruptcy) I guess it emerge when the Building Society goes for repossession.

ToxtethO'Grady · 8 October 2017 at 1:17PM

Oh is it a charge on the property? If the court set an installment for the charge you can get that varied by the N245 as well. And if the house is going to be repossessed it will go in to the BR. It may not be worth much for them unless there's a lot of equity in the house, which doesn't sound likely from what you've written.

How much equity is there? If any?

sourcrates · 8 October 2017 at 1:19PM

Its my understanding that CCJ`s are over turned when you become bankrupt, and you do not need to continue paying them.

menageamoi · 8 October 2017 at 1:33PM

Thanks - oh yes - negative equity on the house far more than the charged loan that I've got he CCJ for! I think I'll put it down on the form as a cost and as a debt and explain to the OR in the interview what I've done

ToxtethO'Grady · 8 October 2017 at 4:00PM

If the house is repossessed it will go in to the BR then, don't worry about it, they will be paid after your mortgage provider anyway so I don't think they'll go for an order for sale due to you not paying it until you go BR. Their costs would be included in the BR if they did.
Explain to them if you want but it really is up to you. Use the money you are paying them to cover your fee and get your application submitted.

ToxtethO'Grady · 8 October 2017 at 4:04PM

It's a charging order, it's a secured debt, so could still be enforced after the BR if the OP was going to stay in the house. But the OP has said they're looking at repossessions it will not be secured after that so included in the BR.

Samsung_Note2 · 8 October 2017 at 4:06PM

Dont assume the house being taken off you is certain..when we went bankrupt the OR was given 3 house valuations and all were pretty much for what was owed on mortgage.

So OR said he wasn't interested and Mortgage company said as long as mortgage was paid they were happy for us to stay.

Seven years on and we still have the house and £75000 ish equity.

You never know whats going to happen..its not always as bad as you assume.

menageamoi · 8 October 2017 at 4:52PM

Thanks - that's reassuring

Ccj

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