CCJs and BR

MercMan

Had another CCJ in the post today (my second in under two months!) are these wiped off once I've gone BR? Can the creditors apply to be a Trustee even though a CCJ is in place? Total CCJs now total about £20K.

DON79

Hi Mercman,

the ccj's will be included in the BR still - but be prepared to defend against them if they try to secure the debt over your home if you own it. If this is threatened, then to be safe, if you can, try to bring your BR date forward which means that they cannot secure the debt.

Don't know if someone already helped with this on another thread for you but hope this helps.

Donna

MercMan

Hi Donna,
My BR date is 9th Feb. My ex owns 55% of the house which my solicitor says will prevent any charge being put on as the has to give her approval (which she will not). Good girl

DON79

That is good about the house mercman! I was worried about having a charge put on my house but I am so glad that they cannot do this in your case.

Hope everything goes well for you tomorrow, let us know how you get on with things.

Donna

fiveyearplan

MercMan wrote: »

Had another CCJ in the post today (my second in under two months!) are these wiped off once I've gone BR? Can the creditors apply to be a Trustee even though a CCJ is in place? Total CCJs now total about £20K.

It would have been better if you went BR before any CCJs but its too late for that now.

peachyprice

MercMan wrote: »

Hi Donna,
My BR date is 9th Feb. My ex owns 55% of the house which my solicitor says will prevent any charge being put on as the has to give her approval (which she will not). Good girl

Merc Man, I'm sorry, that's isn't quite true, they can still put a charge on your house, but only on your share of the property.

fiveyearplan

MercMan wrote: »

Hi Donna,
My BR date is 9th Feb. My ex owns 55% of the house which my solicitor says will prevent any charge being put on as the has to give her approval (which she will not). Good girl

How does that work? If you get a CCJ for a debt and that want to put a charging order on your house they can't do it if the house is jointly owned? Is that what you're saying or am I getting it all wrong?

MercMan

Well that's what my solicitor said and he should know. And it does work as one of my creditors said they were going to put charge on the property until I told them about the 55 / 45 split and that the Tomlin Order gives my ex control of the property and she would not agree to a charge be put on the house as the debt is solely mine. They backed of so fast it was unbelievable.

What they can do is put a restriction on the sale which only affects me. In other words a flag is put on the property at the Land Registry so that I cannot get my share of the proceeds until they creditors get theirs. A charging order can mean that the house can be sold where as restriction does not have this power.

fiveyearplan

How can you prove 55/45 split? Does it not work with 50/50 split then?

MercMan

Its recorded on the deeds of the house. And the Tomlin Order specifies too. This was signed by a District Judge. I think 50/50 means you are both equally responsible for debt. I did the 45/55 a few years ago when I started to get into difficulties and my solicitor and financial advisor both suggested this to protect the house from creditors.

fiveyearplan

Oh - guess its too late for me then.