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Anyway back from Restons??
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Yes. But it is more damaging to the DCA.doesnt being a bankrupt prove to be as damaging to other half as a CCJ ?
It is a dangerous game, but once Charliebird told Restons that her OH could lose his job if they got a CCJ, it became inevitable that Restons would attempt to go through with a CCJ in order to force Charliebird's OH to break away form his DMP and put Restons first. Of course, if he did pay them off and make them go away, the DMP would be finshed and all of the other creditors would be howling for their money and rightly crying 'foul' for having given Restons preferential treatment.
Once things get that far, even if her OH's job survived because OH paid Reston's, he would probably lose it over what would follow from the breakdown of the DMP. I could also imagine that if the other creditors got wind of OH and Restons hatching a deal to avoid a CCJ, they would probably go for a bankruptcy order on the basis that they would do better with a small cut of everything now rather than taking a cut of what was left after Restons were paid in full.
For this reason, it is probably better for OH to start filing for bankruptcy now - with the intent of telling Restons that if they file for a CCJ he will file for bankruptcy first, so they would do better not to seek a CCJ. If he does go bankrupt, Restons will only get a percentage of what is owed, which would be less than if they took what was offered without going for a CCJ
It is a very dangerous game and I am afraid to say, Chrliebird has inadvertently given the game away to Restons.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Thanks everyone for the replys. We have taken some legal advice as Restons were bordering on harassing me about this. Anyway it looks like a CCJ is not as bad as we first thought - but we're not telling Restons that. Just a word of advice to anyone else on a DMP - Whilst I think CCCS do a fantastic job they have given us wrong advice - for example they advised us yesterday that the court would "never" force a selling order whilst we have children under the age of 18 in the house. This is not true. Whilst it may be unlikely it is by no way a sure cert. Also they should have advised us not to be so quick to send back the court papers (we had 14 days to respond) but to try and negotiate before sending them back. We are negotiating a voluntary charge at the moment as an alternative to a CCJ. Would welcome any comments!!!0
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Charliebird wrote: »Whilst I think CCCS do a fantastic job they have given us wrong advice - for example they advised us yesterday that the court would "never" force a selling order whilst we have children under the age of 18 in the house. This is not true. Whilst it may be unlikely it is by no way a sure cert. Also they should have advised us not to be so quick to send back the court papers (we had 14 days to respond) but to try and negotiate before sending them back.
You are correct on both points. Orders for Sale are extremely rare but do exist so 'never say never.'
When receiving a court claim, I would always recommend acknowledging service. That gives an extra 14 days, so 28 in total, to respond. It then gives a bit of time for research and thinking. Even if it seems that there is nothing with which to argue, I have in the past put in a weak defence disputing a balance figure or solicitors costs, only to find that the claimant opted to agree with my lower figure!0 -
Sorry another question! We asked Restons for a stay in order to sort out a voluntary charging order on the house. Apparently they declined! And have filed the ccj paperwork. This is now where I am confused! I think they are asking for full and final payment. We sent back the admissions form with the request for payments at the rate on CCcs dmp. But what happens now? Will the courts decide whether we have to pay a lump sum or will they agree to payments? I have asked two cccs counsellors and got two very different answers! Really confused about what happens next. Help please!0
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Charliebird wrote: »Sorry another question! We asked Restons for a stay in order to sort out a voluntary charging order on the house. Apparently they declined! And have filed the ccj paperwork. This is now where I am confused! I think they are asking for full and final payment. We sent back the admissions form with the request for payments at the rate on CCcs dmp. But what happens now? Will the courts decide whether we have to pay a lump sum or will they agree to payments? I have asked two cccs counsellors and got two very different answers! Really confused about what happens next. Help please!
Is there any equity in your property? (very important )
If the court requests full payment (forthwith order) you can apply for a redetermination to apply for payments
Don't bother trying to put the property in your name if you choose BR - the OR will overturn it and it will not be seen in a good light.
If they go for a charging order and it's made final, it's better the home is in joint names anyway (more info on this as and when req'd)Happiness, is a Kebab called Doner.....:heart2::heart2:0 -
Yes there is but only half of it is DH's the other is mine and his creditors can't touch it. What is a redetermination order?0
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Charliebird wrote: »Yes there is but only half of it is DH's the other is mine and his creditors can't touch it. What is a redetermination order?
Thanks, yes I know that.......;)
How much equity?Happiness, is a Kebab called Doner.....:heart2::heart2:0 -
Sorry - his half is £70k assuming we sell it at the price the estate agent valued it!?0
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Charliebird wrote: »Sorry - his half is £70k assuming we sell it at the price the estate agent valued it!?
Ok, so total equity 140k ish.
In that case, I think the claimant will go for a forthwith order, so they can apply for a charging order asap. You can fight the forthwith by filling in a form (n244 - I think) to apply for instalments.
We need to really think about this one. If he goes BR, the OR will certainly sell the house, but you can delay sale for 12 months due to the children. BUT by trying to settle this in instalments is going to take forever! If any instalments are missed, the claimant will try to enforce the CO.
PS
Is any of the debt secured??Happiness, is a Kebab called Doner.....:heart2::heart2:0 -
Bk is not an option we have no other income and he will lose his job. I'm guessing the only thing we can do is to sell up. Take his equity pay of this and ask for settlement figures on the rest and see where that leaves him/us0
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