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Unknown CCJ and going BR help.

Hi

I am hoping someone on here may be able to help me with a problem I have regarding a CCJ that until a couple of weeks ago I didn't know I had (I am in the process of finding out whether it is definatley mine or not).

I am planning on going BR in a couple of months when I have got the fees together.

I recently signed up to equifax's 30 day free credit file history and noticed a CCJ on my credit file at my old address for over £4000.

I'll try to cut a long story as short as possible.

- built up big debts with 5 creditors during the 90's
- lost job in 2000 and went on a DMP with creditors
- 1 of the creditors offered a settlement fee (in about 2004 I think) so paid this
- moved house in april 2007 due to starting a family.
- noticed that a CCj was made on my name at my old property in Jan 08

Now I never cancelled any of my monthly payments to any of my remaining 4 creditors so not sure why that one stopped taking the money.

I must have not changed the address they held for me so they must have been writing to me at my old address which I never got the letters.

Until recently I have still been paying the other 3 creditors from my inital DMP.

I know it would have been my responsibility to change the address with them but with the starting of a new family your whole life changes and as I didn't cancel their payment didn't realise initially they weren't being paid (I'm probably not the most organised person with finances).

I guess looking back I would have figured that as debts get sold on for a small % of the orignal debt that they had got their money and weren't pursuing it anymore as I hadn't heard from them.

As I said I am going bankrupt because I can't afford the repayments on my original DMP and newer creditors I have.

I know first I need to make sure it is MY debt that has the CCJ.

What information do I need to know for including this CCJ on my BR forms ?

How will the Judge and OR look at this CCJ ?

Thanks for any help.

These forums do help no end on what can be a very lonely and hard time.
Bankrupt 07/10/2009

Early Discharge 20/05/2010

Comments

  • Hi Crowman19,

    Welcome to the forum. You will get some great advise here so just keep posting.

    All your debts (except exempt ones Court fines, student loans etc) are included when you go BR which will include any CCJ's attachment of Earnings etc.

    The only information you will need is the actual creditor, who the debt is with now & current reference / account numbers.

    IE if you have a Barclays loan which has now been passed to Mercers you put Barclays £xxxx.00; Address - Mercers & Mercers ref numbers. The OR can trace most things so don't worry too much. Just put what you have and keep any paperwork.

    Re finding out if the debt is your or not, you could try sending a statute barred letter and see what the reply is. There is a link around somewhere or you can find a template on National debtline website.

    Also, have you taken advise from any of the debt charities? NDL, CAB or CCCS? You will need to do this before going br as you will be asked in court.

    Regards & chin up!
    BSC 289
    A life lived in fear is a life not living!
    Proud to have dealt with my debts.
  • Hi Crowman19,

    Welcome to the forum. You will get some great advise here so just keep posting.

    All your debts (except exempt ones Court fines, student loans etc) are included when you go BR which will include any CCJ's attachment of Earnings etc.

    The only information you will need is the actual creditor, who the debt is with now & current reference / account numbers.

    IE if you have a Barclays loan which has now been passed to Mercers you put Barclays £xxxx.00; Address - Mercers & Mercers ref numbers. The OR can trace most things so don't worry too much. Just put what you have and keep any paperwork.

    Re finding out if the debt is your or not, you could try sending a statute barred letter and see what the reply is. There is a link around somewhere or you can find a template on National debtline website.

    Also, have you taken advise from any of the debt charities? NDL, CAB or CCCS? You will need to do this before going br as you will be asked in court.

    Regards & chin up!

    Thanks for the reply

    Yes I have taken advice from CCCS who advised me that BR was the best option for me.

    How do you think the Judge/OR will view the fact that I might have a CCJ against me without knowing about it ?
    and how would be the best way to explain it without waffling on like in my original post ?

    Thanks
    Bankrupt 07/10/2009

    Early Discharge 20/05/2010
  • They won't batter an eyelid about it. Unless debts were caused through gambling or betting.

    I had three and nothing was said. When you have your interview, just keep it brief and answers to the point.

    Keep reading posts on here as that will help you with all the info you need. Some may not be relevant but for armed is for warned as they say!
    BSC 289
    A life lived in fear is a life not living!
    Proud to have dealt with my debts.
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