please help me!! CCJ after bankruptcy for something listed in my order

meep6

am having nightmare. ..I was previously advised that all amounts listed in bankruptcy were indeed... covered by that order. I was made br in jan 2010 due to my husband leaving ... It came to my attention 4 months ago that in the March 2010 a CCj was place against me by my divorce solicitors at a county court in Sussex.. I lived in Oxfordshire which I knew nothing about... I have tried and tried to get this "set aside" as I was advised this should not have gone to CCJ... but no one will help the official receiver (insolvency service will not write and tell the court "what to do", the court have written and said they will not set aside without hearing form insolvency service, and the solicitors ... all they will write is that and say it was included in my bankruptcy order, and the court say that is not enough... I know some may think I have an order on my name so well what is the difference... but it does make a difference I have been told on two occasions this year I would have been approved for things.. one a bank account when I get the errored CCJ removed... ANYONE?!! Slightly desperate here!! Been trying for 4 months now!

I thought that official receivers were meant to handle creditors...?! Notify them,,, but yet this still happened and is leaving me chasing my tail!

PippaGirl_2

Frankly the BR trumps the CCJ so atm the dates are only out by 2 months. Whether you think it is worth pursuing any change in records for the effect of changing a date by two months is up to you.

Who said you would have been approved for a bank account if the CCJ wasn't there? Is that personal opinion or fact? There are two BR friendly bank accounts, both provide online banking for discharged bankrupts.

meep6

Hi

I was looking to open business account with HSBC, also I wanted to get credit on something... they also said that it was merely the CCJ that was an issue...

The insolvency co, after speaking to 4 deferent people say the amount should not have gone to CCJ....ahh I just need someone to tell me what to do to get the date changed or indeed it "set aside" the court will not speak to me about it. It is all very frustrating!

Mx

PippaGirl_2

Many people have reported that in-bank staff have said things won't be an issue and then it turns out head office or the computer says no, so I suspect the staff that told you only the CCJ would be an issue are incorrect as the BR trumps the CCJ.

Do you have copies of your BR forms? Is the debt to the solicitor listed as part of your debts on there?

To get around the bank account problem, some people open a second basic bank account with either Barclays or Co-operative bank and use the second account as the business account.

sniggings

As Pippergirl has said there are only one or two banks that will allow a BR an account, maybe a few more options once discharged, I'm not sure what you have been turned down for, it would help if you said.

Depending on the business you do not need to have a separate business account.

Sounds to me you have been given wrong advice, try opening a basic Barclays account and you shouldn't have any problems.

The stuff you have been refused I bet would have still been the case without the ccj on your file, as when BR almost all loan, crdit etc is refused, so not sure you can be so adamant the refusal was because of the CCJ.

meep6

Thank you for replying... bank account aside... does anyone legally know fact if a CCJ can ahead if the amount was listed in Bankruptsy, because the insolvency service has totally contradicted themselves, many people maybe 4-5 said it should not have gone to CCJ as DEBT CLEARLY listed in bankruptcy and creditors notified etc.. But then last lady I spoke to said any amount on any bankruptcy order can go to CCJ still... in my mind that makes bankrupsty a pretty pointless venture!

Does anyone know the fact on this because the court and insolvency service seem divided..

fermi

If a judge had been aware of the BR order at the time then they should not have awarded the CCJ.

Problem is with these things is that unless you defend the CCJ then the judge/court will never know the debt was subject to a BR order, and they will just rubber stamp it and issue the CCJ.

NEVER just assume the OR etc will take care of it. Always defend the claim.

Have you applied formally to have it set aside? Not just asking the court, but a formal application?

How to set aside a judgment in the county court

debt_doctor

Hi,

The only way to get what you want is to set aside the judgement, as Fermi says.
It will cost you £80 (unless fee exempt) and sent to the court on form N245.
The request should be that there was no remedy for the debt due to an earlier bankruptcy order.
I think to some extent you have been misled by those you have spoke to at banks etc as what they seem to be saying is bankruptcy is fine, but not a CCJ, which is rather odd.

DD