What can a CCJ mean........

ivorsgirl

Hi

As posted on here I am planning to go bankrupt either this month or next. It was to be 23rd Jan but because I want to be with my mum as she has major surgery, I can't attend court that day so may have to wait until March (local court has about a six week minimum wait not he appointment system).

One of my creditors has referred the debt to court for enforcement. I'm not afraid of a CCJ since it can't be worse than bankruptcy - but I am concerned about what can happen in the mean time.

The facts are:

1. I do not dispute the debt - its one of the many I'm getting rid of
2. The address they had of me was an old one but they are sending letters to my new address - I've never actually told them I moved, I'm not on the electoral register, and I've never acknowledge a letter sent to this address so how in the bloody hell do they know where I live and is it valid if I've never acknowledged it here
3. I've never acknowledged the new address to old creditors because I knew BR was inevitable and they'd find out sooner or later and in the mean time I don't get hassled
4. None of the stuff in this house is mine, all my partners, so even if a bailiff came around, what can they do
5. I'm only worried about a criminal record

I've no idea what might happen just a load of scare stories. The other reason I'm delaying the BR is because I did pay my mom back 4K last summer and I figure the longer I can hold out, the less chance the OR will go after her for the money

fermi

Have you received claim forms direct from the court? If so, when?

Honestly, if you plan to go BR this month or next, then there's barely time to get the CCJ, let alone do anything to enforce one.

Bailiff cannot really do anything, especially as there is nothing of yours at the property.

debt_doctor

ivorsgirl wrote: »

5. I'm only worried about a criminal record

As above by fermi, and in addition that CCJs are a civil matter not criminal.

DD

ivorsgirl

Just a letter saying it has been referred to county court for enforcement.

I've had no correspondence other than one letter saying that I owed the debt and they tracked me down - which I ignored - then this. It has:

My name and address on one side of paper

On the other side:

Notice of Transfer of proceedings in the XXXXX county court

Claim number 123456

Date 12/01/2012

1st Claiment Ref 123456 and name

1st defendant ref and ivorsgirls

To all parties

This claim has been transferred to YYYYY county court for enforcement

____________

footer has the address of the YYYYY country court:

_____________

XXXXX county court is where the claimant is and YYYYYYY county court is where I live.

Its a N271 notice

I assume it means its already gone to court but the last thing I got was a letter in december saying if I didnt pay, since they had worked out where I now live, they would go to court. No final notice and no court forms.

Does this mean its already gone and a CCJ exists or that this is the start of it

lilibet1

you should be on the electoral register otherwise you can be given a fine

ivorsgirl

lilibet1 wrote: »

you should be on the electoral register otherwise you can be given a fine

you can but you don't - never known any to be hit with one. Never filled in a census form either!

personally I dont want big brother knowing my every move. its supposedly a free country.

fermi

ivorsgirl wrote: »

Does this mean its already gone and a CCJ exists or that this is the start of it

Seems to suggest they already have one?

Did this come from the court?

Best thing to do is call the court to find out.

ivorsgirl

Thanks. I will do. forgot to take the letter with me today so will have to wait until tomorrow.

How in the heck can they have a CCJ when I never received court forms.

antonic

Quite easily, all your creditor has to do is apply for judgement at your last known address, if you dont reply within 28 days then judgement is granted by default.

See here for more details

http://www.trustonline.org.uk/

ivorsgirl wrote: »

Thanks. I will do. forgot to take the letter with me today so will have to wait until tomorrow.

How in the heck can they have a CCJ when I never received court forms.

wildheart83

It sounds as though the creditor has employed a tracing agency to find out your current address. I think this in theory is legal but many tracing agencies use underhand tactics that make DCAs look like schoolboys.

Since you're not disputing the debt it's not worth pursuing but for anyone who does want to check this it's worth sending a SAR to the DCA.

lilibet1

ivorsgirl wrote: »

you can but you don't - never known any to be hit with one. Never filled in a census form either!

personally I dont want big brother knowing my every move. its supposedly a free country.

I would be more worried about the OR knowing your every move though, even if it is a free country - there are still rules that apply to everyone and after reading your previous posts it seems that you want it all your own way. I truly hope that you are confident enough to weather the storm that you might be creating! You did post about being concerned about a criminal record.....