Help help help!!!!

malfollie_01

Hello All,

I need some help my situation so far. Decided to go bankrupt 2 months ago stopped paying everything saved for deposit and rent for rented house just moved in need to still find £500 for court fees (me and my partner going bankrupt)
Well today we got a huge big file of stuff County Court Judgement for the unsecured part of my Northern Rock Mortgage £21,000. What do I do? ignore it? or do i contact them and use this as an opportunity to show my situation and see if they make me bankrupt?
I am so scared it is for my old address but it says if I ignore it and don't pay what they tell me to they will enforce balliffs!!! and I am sure courts will be able to trace me??
Please help very very scared and worried now!

xxxxxx

elfieb

how long do you think it will be before you find the fees for bankruptcy?

fiveyearplan

Please try not to worry. What exactly did you receive? Were they papers for a CCJ? If so send in the Acknowledgement of Service saying that you need more time - you'll get 14 days more.

malfollie_01

I could go Bankrupt end of next month but my partner another few months I would say.
Yeah they were the papers for the CCJ. What will happen though after the 14 days? If I go to court will they look at the bigger picture of all my debt or just that one debt?
I just wasn't expecting this so soon! and am really scared about the baliffs? what would they take?

cuddlymarm

Have you been to see the CAB or contacted one of the debt charities? When you go BR you put all of your debt on the form (anything in joint names will probably revert to your OH and then when they go BR they will put that on their BR form)
The idea is for a fresh start so you will basically draw a line on your debts on the day you go BR and start afresh. Maybe you need to round up everything paperwork wise and let an adviser have a look. This will make everything a lot clearer.

When you go to court they will ask whether you took advise to amke sure you know what you are doing

Good luck
Cuddles:rotfl:

fermi

Bailiffs can be stopped and any judgement can be varied or redetermined to a level that you can cope with. You just have to follow the procedures and not ignore things.

If one of you can go BR soon with the other a few months later, then realistally there is nothing to worry about.

It seems scary, but these things take time and can be halted and changed even then.

fermi

Info here: Suspending a warrant or reducing instalments on a county court judgment

fermi

Or if you can get it there within the 14 days from judgement.....

Assuming that you want to get the terms of a judgemnt varied to a small monthly payment, then you send the letter below to the court to arrive within 14 days of the jugement date.

Make sure you fill out a personal budget sheet (if you don't have one from CCCS/CAB?NDL) already to justify your offer.

If you haven't got one, you can download the NDL budget sheet here.

http://www.nationaldebtline.co.uk/england_wales/budget_sheet.php?country=england_wales

The Court Manager



CLAIM NUMBER: XXXXXX



To the Court Manager:

REDETERMINATION UNDER RULE 14.13 CPR

I apply for this matter to be reconsidered (redetermined under Rule 14.13 of the Civil Procedure Rules). Under rule 14.13 there is no court fee to make this application.

I am unable to pay the full Judgment forthwith/instalment as ordered on (insert date of order) and submit that this has been set an unrealistic amount.

I request the Court reconsiders the Judgment. To assist I enclose an up to date financial statement and list of other unsecured debts, which have been provided to me by the Consumer Credit Counselling Service (CCCS)/CAB/National Debtline (delete as applicable).

As you can see my budget shows I have £…. surplus/ £…. deficit after essential living costs and also have (insert number of creditors in total).

Given my circumstances and considering my finances as a whole I am able to offer £…. .monthly instalment and request the court set the Judgment at this amount.

Under rule 14.13 of the CPR it is clear that because the Judgement was granted without a hearing I am entitled to have this redetermined and if necessary transferred to my local county court.

My application is also compliant with the time limit as it falls within the 14 days from the original order.

I look forward to hearing from you.

Yours faithfully,


Name

stintond

malfollie_01 wrote: »

Hello All,

I need some help my situation so far. Decided to go bankrupt 2 months ago stopped paying everything saved for deposit and rent for rented house just moved in need to still find £500 for court fees (me and my partner going bankrupt)
Well today we got a huge big file of stuff County Court Judgement for the unsecured part of my Northern Rock Mortgage £21,000. What do I do? ignore it? or do i contact them and use this as an opportunity to show my situation and see if they make me bankrupt?
I am so scared it is for my old address but it says if I ignore it and don't pay what they tell me to they will enforce balliffs!!! and I am sure courts will be able to trace me??
Please help very very scared and worried now!

xxxxxx

Hi
Have you thought about offering a full and final settlement to them as an alternative to bankruptcy ...got to be worth a go

philnicandamy

stintond wrote: »

Hi
Have you thought about offering a full and final settlement to them as an alternative to bankruptcy ...got to be worth a go

trouble is (as OP's said) they're struggling to find the cash for bankruptcy fees....so I doubt they'll have enough cash for a full final settlement

charlie12345_2

Hiya
I may be reading this wrong but I think you are worrying unneccessarily regards to bailiffs. If you do get a CCJ before you get chance to go bankrupt the Judge will look at how much you are able to pay which would prob be a fair amount, the court would not set something that's not achievable after looking at your income/expenditures. As long as you keep up with what the courts set
then the bailiifs will not come. This will only be shortterm until you do get to go BR.
If I'm barking up the wrong tree I'm sure someone will jump in and correct me.
Cheers