CCJ and impending B/R

Romanov

Hello all,

My partner and I are in the process of going B/R. Today I received a CCJ notification at Northampton Court. I have 14 days to respond. What is my best course of action? The letter actually went to my mother's address where I have not lived for several years.

Any help or advise would be welcomed, thanks.

Feelingfoolish_3

Hi Romanov

When do you plan on going bankrupt? If it is within 14 days (usually 19 from Northampton incl postage time) then you don't have to do anything but if not then you need to respond and make an offer of payment if you agree with the claim. It is irrelavant these days that it went to your mothers address as the creditor can serve a claim on the last known address.

You could return your acknowledgement and say you are going to defend which can give you an extra 14 days but only if you are planning to go BR within the month as you would need to put in a good defence if you werent going BR within the month.

If you ignore it a judgment in default could be made which would usually start enforcement action, such as bailiffs, attachment of earnings of a charging order if you have a property.

If you have a property then they could be going for a charge (eventually) and if this happened before you went BR then the charge would remain on your property regardless of BR.

regards

Romanov

Thanks for your reply.

We are going to arrange an appointment for the B/R next week so it could still take a while. I will take your advice and make an offer of payment. Do I just make an offer and wait for a response?

Thanks.

Feelingfoolish_3

Hi

You could respond and admit the debt, you will have to complete the financial statement and depending on what your surplus is you make a pro rata offer based on the debt in question. You then send this back to the creditor who then has 14 days to either accept your offer or reject it. If they reject it then it is up to the court to determine the rate of payment and after that you then have 14 days to object. So all in all you should be BR before you have to pay or further action to commence. Lets hope you get an appointment quickly.

If you dont then there is further action you can take but one thing at a time

hth

Romanov

Cheers,

Silly question, but do I send the response to the court or to the Creditor? Thanks.

Feelingfoolish_3

No question is silly.

To the creditor, the response address will be on your claim form.