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  • FIRST POST
    • menageamoi
    • By menageamoi 7th Oct 17, 1:58 PM
    • 24Posts
    • 5Thanks
    menageamoi
    Ccj
    • #1
    • 7th Oct 17, 1:58 PM
    Ccj 7th Oct 17 at 1:58 PM
    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
Page 1
    • ToxtethO'Grady
    • By ToxtethO'Grady 7th Oct 17, 7:04 PM
    • 80 Posts
    • 39 Thanks
    ToxtethO'Grady
    • #2
    • 7th Oct 17, 7:04 PM
    • #2
    • 7th Oct 17, 7:04 PM
    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
    • By menageamoi 8th Oct 17, 11:54 AM
    • 24 Posts
    • 5 Thanks
    menageamoi
    • #3
    • 8th Oct 17, 11:54 AM
    • #3
    • 8th Oct 17, 11:54 AM
    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
    • By ToxtethO'Grady 8th Oct 17, 1:17 PM
    • 80 Posts
    • 39 Thanks
    ToxtethO'Grady
    • #4
    • 8th Oct 17, 1:17 PM
    • #4
    • 8th Oct 17, 1:17 PM
    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
    • By sourcrates 8th Oct 17, 1:19 PM
    • 12,670 Posts
    • 12,001 Thanks
    sourcrates
    • #5
    • 8th Oct 17, 1:19 PM
    • #5
    • 8th Oct 17, 1:19 PM
    Its my understanding that CCJ`s are over turned when you become bankrupt, and you do not need to continue paying them.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • menageamoi
    • By menageamoi 8th Oct 17, 1:33 PM
    • 24 Posts
    • 5 Thanks
    menageamoi
    • #6
    • 8th Oct 17, 1:33 PM
    • #6
    • 8th Oct 17, 1:33 PM
    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
    • By ToxtethO'Grady 8th Oct 17, 4:00 PM
    • 80 Posts
    • 39 Thanks
    ToxtethO'Grady
    • #7
    • 8th Oct 17, 4:00 PM
    • #7
    • 8th Oct 17, 4:00 PM
    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
    • By ToxtethO'Grady 8th Oct 17, 4:04 PM
    • 80 Posts
    • 39 Thanks
    ToxtethO'Grady
    • #8
    • 8th Oct 17, 4:04 PM
    • #8
    • 8th Oct 17, 4:04 PM
    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
    • By Samsung_Note2 8th Oct 17, 4:06 PM
    • 201 Posts
    • 75 Thanks
    Samsung_Note2
    • #9
    • 8th Oct 17, 4:06 PM
    • #9
    • 8th Oct 17, 4:06 PM
    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
    • By menageamoi 8th Oct 17, 4:52 PM
    • 24 Posts
    • 5 Thanks
    menageamoi
    Thanks - that's reassuring
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