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pre bankruptcy CCJ's?

gtanny
gtanny Posts: 184 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 31 July 2009 at 10:48AM in Bankruptcy & living with it
Hey all,

after sound advice from this forum and the debt helpline i decided to go bankrupt April time this year so stopped paying all non essential bills.

the first couple of months we used the spare cash for essentials that we had been putting off until things 'got better' (and i mean essentials as in clothes for myself, wife and daughter) i also regret making a few impusle buys but i think this was in the exitement of finally having cash in my account again (only a used guitar and games console both purchased with trade ins and cost <£100)

now this last week or so things have started to.... pickup with regards demanding money, ive had a company called PSP come around asking for money for northern rock to which i have ignored but today i recived a 'Claim Form' from Northampton County Court (CCBC) and i think this has sent shivers up my spine and snapped me out of the 'oooh isnt this easy' lark

I've been saving up and by august payday we will have enough money to move house and return the keys to Northern Rock but this claim form is from Alliance and Leicester and i dont think after weve moved and will have the rent to pay again it will be easy to save for bankruptcy as i i think it will take a good 4/5 months.

my main concern is if they do this CCJ what sort of demand will they make for my money? ive heard of attachments of earnings but what i dont know about is how they work, how much they can demand and if they will stay after bankruptcy.

any advice is welcome and i appologise if its not great english as ive not had a great night sleep after recieving the letter.

Edit: i have explained the situation to all my creditors but i mistakadly explained to A&L that i plan to go bankrupt - could this be why they are chasing the hardest?

Comments

  • d123
    d123 Posts: 8,747 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    If you intend going bankrupt at the end of August I wouldn't worry about it, there is no way it will go from first letter to CCJ in under a month.
    ====
  • fatou256
    fatou256 Posts: 1,289 Forumite
    hi gtanny just sign the acknowldegement of the court paper it will give you another 14 days until someone can help you more constructively than me ....


    to get an attachment of earning you will have to have first a CCJ , then the judge will set a monthly repayment then you will have to default on this repayment then the creditor will have to apply for an attachment of earning this take a few month .

    in the meantime if you want to know more give a call to Naional debtline they may advise you properly on what to do next.
    BSC number 183
  • fatou256
    fatou256 Posts: 1,289 Forumite
    gtanny you could follow the advise of fatbelly post No 4 on this thread

    http://forums.moneysavingexpert.com/showthread.html?t=1849407

    it will buy you enough time to save for the BR fee and to get your BR order sorted .....
    BSC number 183
  • debtinfo
    debtinfo Posts: 7,012 Forumite
    even if they get an AOE it will be cancelled by the bankruptcy
    Hi, im Debtinfo, i am an ex insolvency examiner and over the years have personally dealt with thousands of bankruptcy cases.
    Please note that any views i put forth are not those of my former employer The Insolvency Service and do not constitute professional advice, you should always seek professional advice before entering insolvency proceedings.
  • Flowerpot_2
    Flowerpot_2 Posts: 690 Forumite
    fatou256 wrote: »
    gtanny you could follow the advise of fatbelly post No 4 on this thread

    http://forums.moneysavingexpert.com/showthread.html?t=1849407

    it will buy you enough time to save for the BR fee and to get your BR order sorted .....

    gtanny, my OH received a court claim form as MBNA were attempting to get a CO on our property (not knowing we were in neg equity anyway) via a CCJ. Following wonderful advise by a certain member of this forum (hi Bat ea8af959.gif) we did exactly as the thread above by Fatbelly explains - we acknowledged the service (bought us more time) we sent the CPR 18 - REQUEST FOR INFORMATION letter & finally we defended the claim in full as by then my OH had declared himself BR. You can do all of this online as well :) It will buy you time which is what you need :)
    FP x
    PS
    if I were you I wouldn't bother to tell any other of your creditors you're considering going BR either, best not, it only makes them worse :rolleyes:
    BR 2/6/2009 - AD 2/6/2010
    BSC member 273
    :A :D
    still not smoking :D :A
    :j
    'Dreams are necessary to life'

  • gtanny
    gtanny Posts: 184 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    hey,

    cheers for the advice the problem is i want to get moved out to get northern rock off my back and once i do that i will have rent to pay so saving up for bankruptcy will take some time so it may be a while before i can go bankrupt, the only option i really have is to sell a couple of things to pay for the BR once we move if we dont have the cash by then.... also we want to move pre BR as a lot of letting agencies are funny as soon as i mention BR

    although once i move i obviously wont get the post so will they still be able to hunt me down for the CCJ and possibly any AOE after that?
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