Received Court Forms - What do I say?

Reevesie76

My husband and I have received court forms from one of our joint unsecured creditors. Do I mention on them that I will be applying for bankruptcy in February? If not wont the court try to get me to pay something back towards the debt, not too sure how this works pre-bankruptcy

k2nga

I have to be honest and say give one of the charities and see what they say as they will know if the company in question are likely to take action before you get a chance to go BR.

maxmycardagain

stall em, by the time they proceed to baillifs you will BR, end of the game

LilyBart

Max is almost certainly right but call CCCS/NDL and/or CAB.
Is there any way you could bring the BR date forward?

peachyprice

If you defend part of the claim, for example you don't agree with the amount because some of it is made up of charges, this should get the case moved to your local court which will delay things by a month or so.

If you can't defend it, send it back with a I&E showing you can only afford a very minimum payment. Hopefully by the time any payment schedule has been set up you will be BR.

If you do nothing there's a very good chance that the creditor with get judgement forthwith, which means the court will order you to pay the whole amount, which obviously you cannot. If you default on this, that's when it gets nasty because they can then send bailiffs, or apply for a charging order on your house, which are bummer to get removed once the process has started.

HTH

Reevesie76

Thanks for your advice on this.

Unfortunately we cant bring the BR date forward as we need to save money for the BR fees and also rent as we are giving up our house.

I certainly don't want it to turn nasty so think I will fill the forms in with all the income and expenditure and include the mortgage, secured and unsecured debts and credit cards and they will see we have no money whatsoever and hopefully it will be enough to stall them until we do go BR.

If the Court does decide we have to pay them back a small amount and we agree to do this for the time being. When we go BR presumably the debt will fall into the BR and we wont have to pay anything further, is that right?

peachyprice

Yes, once you're BR the debt is included and you can stop paying the CCJ.

Reevesie76

Thanks Peachy, will do that then