Urgent Help Needed

blind-as-a-bat_2

if it a court summons arived tommorow you would have 14+5 days plus another 14 if you acknowledge the service, and indicate you wish to defend, thats when we use the CCA act an CPR, to try delay that even more, so should be OK, but shout if anything arrives;) Timing then is important, so you need to let us know straight away

Queen

thanks wanted the extra tax for the next 3 weeks or so to go towards fees but was worried that once application was in then they may be some clause to say that we could not go BR not sure what to do had letter on Saturday from sols

blind-as-a-bat_2

Until you get a blue county court summons, from the court with a stamp (usually northampton court), then the clock hasnt started, until then the sols threats are just that, threats and are meaningless.

There is nothing you can do to stop them taking it to court if thats what they intend, so dont let that worry you until you need to, your BR will trump it anyway as long as you get it done before they get a CCJ

but it may not get that far, there may be may rounds of threats via letters yet, its hard to predict how they will act, but it can be weeks or months before they do anything

Queen

thanks just worried of the time scale, that them putting an application would overide the bankruptacy if there application was received before we went BR I fretting about this now

blind-as-a-bat_2

No it wont stop you going BR if they start it before you can, and if they get a CCJ the BR makes that null and void anyway, but then we have to watch for the charging orde inbetween so best not give them a chance

Remember they must at least get a CCJ before they can get a charging order, then normally you would have to default on the agreed payments on the CCJ first, but some judges have been known to allow the charging order straight away, so we want to avoid that chance if we can

Queen

Thank you for your kind help and support I don't know what I would have done without you guys, as you can tell I'm a complete worrier, worry if I got nothing to worry about, my nerves are in shredds thanks again:j

Queen

can you still go bankrupt if your mortgage is in arears or do these need to be cleared

Queen

Well I've just spoke with national debtline who have frightened me to death the man avised that because we only had a surplus of £25 and our mortgage is £950 then they will very probably make us sell this and go into rented to release extra money even though property is £10,000 negative equity there advise was to see the charging order out to see if they get one first

blind-as-a-bat_2

Then what do you do if they do get it?

It cant go into your BR unless you let the house go anyway:rolleyes:

Did he come up with any advice how you could stop them getting it?

You cant afford a monthly payment to apease them, and keep your other creditors quiet, so i think its odds on they will get the charging order once a CCJ is given

Bit bl00dy late once they have got it:mad:



Im sorry but yet again they are making comments they cannot back up.

You already know that was a slim possibilaty, but there have been many go before you with higher mortgages than yours and nothing was said by the OR at all, so it is only a slim chance.

But if you get the charging order you will have your mortgage, secured loan and no doubt they will insist on a monthly payment for the CCJ as well as the charging order.

Im sorry but these so called advisers dont seem to be looking at the full picture here, either that or i have seiriously misunderstood your financial position

Queen

I really do not know what to do and need serious advice