ccj and bankruptcy in scotland

saff_2

Hi i'm a Pursuer for a debt of amonting to £3000 I have obtained 2 ccj's against the defender in the sheriff court in scotland of approx £1500 each. Since then i have sent the sheriff office to serve the charge of payment. but despite this no payment. the defender works in a pub (owned by her father) but is claiming benefits and owns a house!...so the question of attachment of payment is out of question as the father will lie through his teeth and say she is not working here when the attachment of earning letter comes through. I have rang benefit fraud line and passed on the details but they have failed to take any action. and she is still on benefits. Now the question is can i have the money secured against the property, which im told i can...but i want to make her bankrupt and & i want the immeditaly as a result of her i'm in debt and find it difficult to make ends meet..please someone with experience tell me the best course of action. as i'm getting really worried and she does not give a !!!! and tells me although i have ccj aginst her she does not have to pay! so what is taking her to court all about.

Conor_3

So at the moment you're not going to get the money but there's still a chance as you can have an attachment to earnings order but you want to make her bankrupt which absolutely guarantees 100% that you'll never see a penny and can never make a future claim?

You daft or something?

If you're finding it hard to make ends meet, that's because of the state of your own bad finances, not because someone owes you £3k.

saff_2

Conor wrote:

So at the moment you're not going to get the money but there's still a chance as you can have an attachment to earnings order but you want to make her bankrupt which absolutely guarantees 100% that you'll never see a penny and can never make a future claim?

You daft or something?

If you're finding it hard to make ends meet, that's because of the state of your own bad finances, not because someone owes you £3k.

If you had read throughly you would have realised that attachment of earning is not somthing i should be embarking upon, as it will be a waste of money. as she is illegaly working there and her dad will do anything for her not to pay me.

i have been advised by a lawyer to make her bankrupt and consequently she will have to sell the house....so are you saying that the lawyert is daft or are you daft...cos i certainly am not.

my finances are bad because she did not pay me what is due and hence ccj against her name...people like her should be put down and anyone that supports her.

Harassed_2

You could of course make her bankrupt. You would, however, have to pay the whole costs of the sequestration (whatever the Accountant in Bankruptcy charges for the whole three years).

BobProperty

Harassed wrote:

You could of course make her bankrupt. You would, however, have to pay the whole costs of the sequestration (whatever the Accountant in Bankruptcy charges for the whole three years).

Who would have to pay the whole costs of the sequestration? Unless the law is totally different in Scotland you pay a court fee and the up front fee for the Official Receiver (OR). In England that is about £160 court fee and £310 for the OR. As the OP said, bankruptcy looks like the only thing the debtor will have to take notice of. You will never get an attachment of earnings as she's not employed officially and she will ignore a CCJ unless you go back to court and get bailiffs and they can find something to sequestrate and sell. (bet lots of what appears to be her stuff belongs to her dad )
OP you had better be sure she owns that house otherwise you are wasting your time.

Conor - I could do with several of the people who owe me money paying up, it would make my debt problems a lot easier.

sleepless_saver

The Accountant in Bankruptcy's website has a list of publications including a creditor's guide. This is what applies in Scotland and it is differnt from England. Can't say I understood the guide but you may have more luck.

Harassed_2

Unless the law is totally different in Scotland

It is. Which is why so few creditors use that option in Scotland.

QBD

Scots law, the onus is on the creditor to petition a court to pursue a debt, then the debtor has opportunity to declare themselves insolvent and then apply for sequestration. The creditor has full responsibility for costs unlike England/Wales. Another problem is that bankruptcy lasts 3years in Scotland whilst only 1 elsewhere, this means that any costs incurred for the administration of the debtors estate will be owed to the creditor.

I cant comment on this situation specifically, but if you forced her into bankruptcy then naturally the house would be seen as a major asset which can be sold and its capital valorised. just make sure it is in her name and not her fathers before you go ahead or you could be faced with 3years worth of admin fees to the AIB and also the initial charges for serving documents/petitioning the court.

its awful what she is getting away, I wouldnt give people like that the time of day, never mind 3k!

Good luck

BobProperty

Had a read of that guide and don't follow the creditor having responsibility for the costs unless the practical application of the laws mean that you can only use an insolvency practicioner and not the Accoutant in Bankruptcy. I quote:
"...a petitioning creditor, you can nominate an insolvency practitioner to be interim trustee. They must be eligible and must sign an undertaking that they will act as
• interim trustee; and
• as permanent trustee, unless another insolvency practitioner is elected by the
statutory meeting of creditors.
What happens if no nomination is made or if the insolvency practitionerdeclines the nomination?
The court will automatically appoint the Accountant in Bankruptcy as interim trustee." (my bold)
Now that would indicate that if you don't appoint someone the AIB becomes interim trustee.
The guide continues:
"If the Accountant in Bankruptcy is appointed as interim and permanent trustee,who pays for her services and the other costs of the sequestration?
If there are funds in the debtor's estate, they will be used to cover these costs. If there are not enough funds to cover all the costs, the shortfall will be met from public funds."
I'm just trying to understand this. There must be more to it otherwise that looks simpler and cheaper than in England, which is not what everyone is saying. Does it cost a lot to get to this stage? Must you employ a solicitor and not do it in person?

Conor_3

saff wrote:

i have been advised by a lawyer to make her bankrupt and consequently she will have to sell the house....so are you saying that the lawyert is daft or are you daft...cos i certainly am not.

Selling the house doesn't guarantee you'll get anything. There may not be as much equity as you think.

If she owes you, she sure owes other people/institutions and they'll all be lining up. Those who are owed the most get the lions share. So that'll be mortgage companies, loans secured on the property, credit card companies etc. You may find you're way down the list. In fact by you making her bankrupt, you may be doing her a favour and allowing her to get away with not paying £10,000's of debt.

Just because it is you that makes her bankrupt and may, although it's not guaranteed, force the sale of her house doesn't mean you'll get your money. If she owes alot of people, you probably won't even get back the costs of making her bankrupt.

And in 12 months to 3 years time, she can walk away from EVERYTHING scot free.