Compelling bankruptcy

Pembroke

Just a quick question. I've had a solicitors letter from one of my creditors indicating they will take me to court and get a CCJ against me. I'm not really bothered by this as I have no means of paying off the debt or even at present making anything other than token payments that they have already rejected.

As I'm saving up to have myself declared bankrupt and have already consulted with a debit charity as required can I ask the court that this company's action be converted into my being made bankrupt or do I still have to go through the process separately?

If so how do I go about it? Do I need to appear in person in court or can I do it via the submission that I can make in mitigation when I receive the papers.

alastairq

No.

What you can do, is complete the SOA from the Court [attending might help?] so that the Court can set a reasonable re-payment schedule.

Bankruptcy isn't pre-ordained.

Also, for a creditor to petition a debtors' BR, is a different legal process, costing the creditor a lot of money.

I suspect the creditor is hoping to get the CCJ,, then when you default on the Court's order, go back to Court tow more times, to obtain a Bailiffs enforcement order.

This will take time.


In the meantime if you petition BR, the BR trumps all that.

sort_me_own_yard_out

alastairq wrote: »

In the meantime if you petition BR, the BR trumps all that.

I love that phrase, gives me the reassurance that I have done the right thing when the ifs, buts, maybes if onlys creep into my head!

darren_clarke

how much debt do you have

National_Debtline

Pembroke wrote: »

Just a quick question. I've had a solicitors letter from one of my creditors indicating they will take me to court and get a CCJ against me. I'm not really bothered by this as I have no means of paying off the debt or even at present making anything other than token payments that they have already rejected.

Sounds like they will achieve very little by suing you. I suspect what you've received is a generic threat letter; if the creditor is truly intent on legal action they will just get on with it rather than giving you umpteen last chances.

Dennis @NDL

alastairq

Re NDr's post above? I noted that, over a period of time, the type of threat in a creditor's letter was rather cyclical.

Ie, they would start with threats of handing over to their 'Legal{?} dept....followed by the threats of Court action if one did not respond...then another or two...then the letters would re-cycle back to being simple begging letters for a few weeks, before the whole process repeated itself.

After about 9 months, they seemed to cease altogether....then something would jog a memory, and they'd start up all over again.

Pembroke

darren_clarke wrote: »

how much debt do you have

Thanks for everyone's responses. My total debt is approx £34,500 mainly as a result of my flat being re-possessed in 2006 and I've been struggling with token payments and sometimes larger monthly payments when I could afford it ever since.

I realise that bankruptcy is my best bet but as I have very few realisable assets I've failed in getting any of my creditors to do the deed so am left with saving up for it myself on a very low income. Just about there though, now all I need is to get over my dislike of form filling.

As you say Alistair, most of my creditors seem to leave me alone and get woken up every so often. In this case the original creditor has sold on the debt to a third party, guess they didn't do their due diligence before taking me on (I know they usually sell on in blocks of debt) but it's always fun when they forget to show the transfer document if we ever get to court.