Ask a CCCS counsellor a bankruptcy question

CCCS_Sarah

crowman19 wrote: »

I'm after some advice regarding a CCJ I think I have that I knew nothing about.

It appears that I may have a CCJ from my old address which I never knew about or had any correspondance about.

I saw it on my Equifax credit file a few weeks ago while checking it.

It is dated Jan 2008. I moved out of that property in Apr 2007 hence why I had no contact about it.

I am pretty sure it is one of my old debts and contacted the court to obtain details. They gave me a solicitors name and number to contact.

I spoke with the solicitor who said that without my current address he couldn't get any details off the file, so I gave him my address after assurances that I wouldn't have debt collectors knocking at my door.

He asked me if I used to have an Egg card which I did so this is why I think the CCJ is for an old debt of mine.

I asked him if he could get some details of the debt from the collections company so that I could be 100% certain if it was mine or not.

He phoned me back the next day saying that the debt was certainly mine so I asked him for some details to prove it and he told me that the collection company doesn't have to provide me these details because it is a CCJ now.

The onus is on me to either pay the debt or go to the courts to get the CCJ removed.

My question is what is the procedure now if they want to get bailiffs on the case ?

Do they have to go back to the courts to get permission for my new address ?

I am going BR in a few weeks when I have the fees together so this will cover the CCJ if it's mine but just wanted to know what timescale I have.

Thanks

Hello,

Thank you for your message.

You have an obligation to keep your creditors informed of your current address so they can send any correspondence too you. If you did let the creditor know that you have moved then you may have a case to put forward to the court, as it is the creditor that has not updated there systems.

If a CCJ is in default then the creditor could apply to the court for a Bailiff or Attachment of Earnings. If you are going Bankrupt within the next couple of weeks then you may wish to contact the creditor direct and explain your situation. If they advice they are going down the route of bailiffs then you will need to complete a form called an N245 this will vary the judgment.

Hope this helps
Sarah

ladylumps45

hi,
can a buy now pay later be included in a bankruptcy if say i went bankrupt in march feb and the buy now pay later was due to start in the following june or july? thankyou.

CCCS_Sarah

DownbutnotOut wrote: »

My husband and I have been in a Debt Management Plan with BrightOak for around 18 months. We have £43000 of debt. We were initially making token payments, as I stopped work when our son was born, and mortgage payments were high. We have very little equity, or possibly negative equity.

I am now earning a small amount of money childminding, and our mortgage payments have drastically reduced due to the current low interest rates. My husband is still in employment. Our finances have therefore improved, but the interest rates could go up again at any time, and our credit rating will probably not enable us to fix again.

I am Irish, and now wish to move back to Ireland as soon as possible.

I would be happy to arrive in Ireland debt free. Do you think that bankruptcy is a way forward for us now? “Losing” our home is not an issue, as there is nothing in the way of asset tied up in it.

Any advice welcomed.

Hello,

Thank you for your message.

I would not be able to say if Bankruptcy is an option as I don’t have your full financial details. However you can visit our online debt advice facility called Debt Remedy. Debt Remedy would assist you in completing a financial statement and you would be provided with tailored advice on the best way to deal with your situation. Click here to go directly to Debt Remedy.

If you would prefer to talk to a debt counsellor about your situation, you can book a telephone based appointment by calling our helpline free on 0800 138 1111. Lines are open Monday to Friday 08:00-20:00. It would be helpful that when you call you have details ready regarding your income, expenditure and creditors, as this can help speed up the referral process. If you have this information ready it may be possible to refer you directly to a counsellor if one is available, otherwise we will arrange a time that is convenient for you to be called back for an appointment.

Sarah

CCCS_Sarah

needingadvise wrote: »

Please can you help.... with my bankruptcy questions...

How long does the process take...
If i sell my house, if prices rise, will I have to pay everything I make in profit back to my creditors....
what effect will bankruptcy have with my applying for jobs in the future..
what will happen to my bank account....
will my bankruptcy go in the local paper...
will I have to tell my present employer..

Sorry, may be a bit obvious questions but just finding it difficult to think clearly at the moment..

Thank you

Hello,

Think Sue answered this for you yesterday in the Private Messages, Let me know if you have anymore questions.

Sarah

crowman19

CCCS_Sarah wrote: »

Hello,

Thank you for your message.

You have an obligation to keep your creditors informed of your current address so they can send any correspondence too you. If you did let the creditor know that you have moved then you may have a case to put forward to the court, as it is the creditor that has not updated there systems.

If a CCJ is in default then the creditor could apply to the court for a Bailiff or Attachment of Earnings. If you are going Bankrupt within the next couple of weeks then you may wish to contact the creditor direct and explain your situation. If they advice they are going down the route of bailiffs then you will need to complete a form called an N245 this will vary the judgment.

Hope this helps
Sarah

When the bankruptcy order is made I take it that they cannot then apply for bailiffs, once they know ? if an application for bailiffs is made would it flag up in court that I am bankrupt and the application declined ?


Thanks

CCCS_Sarah

gemma26 wrote: »

Hi, I would like some advice please. My partner and I are in an IVA and have been since August 2008, we missed 3 months payments at the beginning of this year and have recently had a reduction in pur monthly payment as we were struggling financially. At the time we were told that if still finding it a struggle then to get in touch and alternatives would be made available to us. We have been feeling the strain, still and I have made contact with my IP for advice. I was wondering if a debt management plan would be a better option as it would be a lower monthly payment or if bankruptcy would be better? My partner thinks bankruptcy is the best option, but I am unsure if what this would mean to us in the long run. We rent our property and the only assets so to speak are our cars, my partner needs his to travel to and from work, and I need mine taking my son to school and for the weekly shopping. I appreciate that it could be said that I could take the bus for the shopping but I have a 1 year daughter as well and carrying shopping and her in the pushchair on a bus would be a nightmare! Could you advise which option would be best please?

Has your IVA failed? You will need to speak to your IP and see what is happening before looking at your options. If you do get discharged from your IVA and their intentions are not to make you bankrupt, then you would be able to have an appointment with the CCCS and then we can see what your other options are.

CCCS_Sarah

ladylumps45 wrote: »

hi,
can a buy now pay later be included in a bankruptcy if say i went bankrupt in march feb and the buy now pay later was due to start in the following june or july? thankyou.

It would be included in your Bankruptcy

Sarah

CCCS_Sarah

crowman19 wrote: »

When the bankruptcy order is made I take it that they cannot then apply for bailiffs, once they know ? if an application for bailiffs is made would it flag up in court that I am bankrupt and the application declined ?


Thanks

You would just need to give them your bankruptcy number this would then stop any action as there would be no debt for them to collect on.

Sarah

Kayleigh123_2

Please, please help.

I would like some advice of my current situation. My husband was made bankrupt last year. He owes the bank £74,000 (an overdraft which has £13 a day interest) a company £4400 and trustee £27000.

I received a letter from the trustees solicitors start of the month which notes without prejudice an offer to settle his bankruptcy for £20000 if paid within in 60days, we can not afford this unless we sold our endowment policy from our mortgage (which i am not sure the bank would be happy to do), our endowment is currently worth out £21000. If i did this i would be able to sell my own home rather then the trustee selling it.

My house is valued at £350,000. The court are only able to take my husbands share of the house (i would be left with out £100000).
When i was sold the mortgage i was not given legal advice on the all monies mortgage so there is still questions over the legality of the mortgage – I would rather settle out of court then go through the lengthily and costly process of a court case and not know that we would 100% win.

Is it wiser take this case to court or negotiate with the bank to settle out of court and be able to sell the house myself.

Any help/advice would be greatly appreciated!!!!

crowman19

CCCS_Sarah wrote: »

You would just need to give them your bankruptcy number this would then stop any action as there would be no debt for them to collect on.

Sarah

Thanks for the response. Giving the my BR number is OK if I know they are coming, But how will I know if they have applied for a warrant ?

Thanks