Ccj

bloomsberg78

Hi all,
Please stick with me while I give you some background......My wife went through a Bankruptcy and was discharged last june, but she still has to make a payment of £150 for another 1.5 year.

This morning I found out that she has recently got another credit card with limit of £3k (£1500k on it) and a loan of 3k with only £500 in balance. I can't believe she has done this again, she has nothing to show for it and we have a 3 month old baby and is still on maternity leave, and has no money coming in apart from Child Benefits. (Lloyds TSB: you are an absolute disgrace - despite her bankruptcy,lack of income, no assets and a baby, she tells me they kept pushing her and she didn't even have to sign anything to get the loan!) I'm absolutely gutted. We are renting in furnished accomadation and she has no valuable assets to speak of.

The point of this post (if you're still with me) is that I made her call the Credit Counsilling Service, they did a good job with her last time and he advised that it may utimately end up in a CCJ. I've done various searches on the net and am still unclear about a few aspects of what a CCJ entails.

I understand that they will take note of your income\expenditure and you advise on what you can pay. This is then accepted or rejected and if rejected it ends up in a CCJ and the court decides what you must pay.

The questions I have are:
1. How long could they ask you to maintain a CCJ for? (could it be for 10 years+?)

2. If the amount you are asked to pay is not the full amount and that agreement is honered and then paid as agreed. Could the debt come back to haunt her in the future when she eventually does accumalate some assets? or is the debt finished?

3. I calculated even if she goes back to work full time and makes the miniumum repayments on the CC, she would just have £100 a month left for food and other discrentionary spending (after bills, rent, life insurance, etc). Is it possible for the courts to write off the debt completely? if not does anyone have any idea of a normal settlement figure (in %)

4. I take it that my possesions (and our landlords) are safe from baliffs? How do I prove what is mine, hers and the landlord?

and finally i am writing lloyds a fairly stronger worded letter. Is it normal process to give a recently discharged bankrupt, on maternity leave who explicity advised that she will have no income for at least the next 4 months £6k of credit. It sounds absolutely irresponsible and bonkers to me.

Richard_S

bloomsberg78 wrote: »

Hi all,
Please stick with me while I give you some background......My wife went through a Bankruptcy and was discharged last june, but she still has to make a payment of £150 for another 1.5 year.

This morning I found out that she has recently got another credit card with limit of £3k (£1500k on it) and a loan of 3k with only £500 in balance. I can't believe she has done this again, she has nothing to show for it and we have a 3 month old baby and is still on maternity leave, and has no money coming in apart from Child Benefits. (Lloyds TSB: you are an absolute disgrace - despite her bankruptcy,lack of income, no assets and a baby, she tells me they kept pushing her and she didn't even have to sign anything to get the loan!) I'm absolutely gutted. We are renting in furnished accomadation and she has no valuable assets to speak of. I can imagine you must be annoyed with your wife but I'd urge you not to give her a "hard time". Banks and big business don't spend millions of pounds on advertising and developing the "hard sell" techniques without there being innocent victims.

The point of this post (if you're still with me) is that I made her call the Credit Counsilling Service, they did a good job with her last time and he advised that it may utimately end up in a CCJ. I've done various searches on the net and am still unclear about a few aspects of what a CCJ entails.

I understand that they will take note of your income\expenditure and you advise on what you can pay. This is then accepted or rejected and if rejected it ends up in a CCJ and the court decides what you must pay.

The questions I have are:
1. How long could they ask you to maintain a CCJ for? (could it be for 10 years+?) The Courts and Judges are usually very receptive to the defendant, if your wife could prove that she could only afford to pay £5 / month they would probably accept it; at that level it could take decades to repay the debt.

2. If the amount you are asked to pay is not the full amount and that agreement is honered and then paid as agreed. Could the debt come back to haunt her in the future when she eventually does accumalate some assets? or is the debt finished? If your wife sticks to the payment schedule agreed then it's unlikely that her creditors would be able to do anything in the future; how would they know that she'd accumulated assets?

3. I calculated even if she goes back to work full time and makes the miniumum repayments on the CC, she would just have £100 a month left for food and other discrentionary spending (after bills, rent, life insurance, etc). Is it possible for the courts to write off the debt completely? if not does anyone have any idea of a normal settlement figure (in %) The debt won't be written off by the Court, it's only the creditor that can write-off the debt. If you made an offer, "without prejudice" of 25% as full and final settlement they may well negotiate hard and agree at 30%.

4. I take it that my possesions (and our landlords) are safe from baliffs? How do I prove what is mine, hers and the landlord? There won't be any question of bailiffs unless your wife defaults on the agreement made in Court and even then they have to back to Court for an enforcement order. If that happens then post again; be assured though that the bailiffs can't take another person's goods to satisfy a debt in a different name.

and finally i am writing lloyds a fairly stronger worded letter. Is it normal process to give a recently discharged bankrupt, on maternity leave who explicity advised that she will have no income for at least the next 4 months £6k of credit. It sounds absolutely irresponsible and bonkers to me.

Bloomsberg,

I sympathise with you and your wife 100%, what a crazy perverse world we live in. Bear in mind though that you can't have an irresponsible borrower without an iresponsible lender. If I was in your position I'd give my wife all the support and affection that she deserves when she's looking after a young child.

Take your anger and frustration out on Lloyds, and it seems as though you are; that's the sign of a good husband and father.

Regards

Richard

bloomsberg78

Richard, Many Thanks for your help and re-assuring words. I very much appreciate it.

I have written my letter to LTSB and feel better already!!!!!!! Looking at things in writing I think we have a fair case for some compensation (wont hold my breath though).

I don't believe they did a proper assessment of her circumstances outgoing/incomings, she told them she had no income until Jan, and most importantly she never signed anything, the money just appeared in her account a few days after the phone call.

Lets see how we go, and again Many thanks.

Tootsie_Roll

It's very interesting that both Bloomberg and Richard are implying that it is the lenders fault for lending her the money. I am more than happy to be proved wrong but I will be absolutley amazed if bloombergs wife didn't lie to get this money. Was the bankruptcy in her maiden name by any chance ? Did she let them know about her previous bankruptcy ?

Frankly I find the fact that you are looking for compensation and some sort of redress maybe in the form of a reduced balance to pay back disgraceful. It has yet to be proved that the bank have any responsibility in this matter yet but one thing is crystal clear; his wife does not take this sort of thing seriously at all and his focus absolutely should be on reforming her first.

Richard_S

Tootsie_Roll wrote: »

It's very interesting that both Bloomberg and Richard are implying that it is the lenders fault for lending her the money. I am more than happy to be proved wrong but I will be absolutley amazed if bloombergs wife didn't lie to get this money. Was the bankruptcy in her maiden name by any chance ? Did she let them know about her previous bankruptcy ?

Frankly I find the fact that you are looking for compensation and some sort of redress maybe in the form of a reduced balance to pay back disgraceful. It has yet to be proved that the bank have any responsibility in this matter yet but one thing is crystal clear; his wife does not take this sort of thing seriously at all and his focus absolutely should be on reforming her first.

Tootsie,

You are so cute and such a moral crusader; has the process of your canonization started yet?

Saint Tootsie of MSE :rotfl: :rotfl:

ibleedred

Tootsie_Roll wrote: »

It's very interesting that both Bloomberg and Richard are implying that it is the lenders fault for lending her the money. I am more than happy to be proved wrong but I will be absolutley amazed if bloombergs wife didn't lie to get this money. Was the bankruptcy in her maiden name by any chance ? Did she let them know about her previous bankruptcy ?

Frankly I find the fact that you are looking for compensation and some sort of redress maybe in the form of a reduced balance to pay back disgraceful. It has yet to be proved that the bank have any responsibility in this matter yet but one thing is crystal clear; his wife does not take this sort of thing seriously at all and his focus absolutely should be on reforming her first.

To be honest - I am fairly amazed at your response.

I have read thread after thread on this board and people offer nothing more than compassion and back-up for the situations that folk find themselves in.

I have read other posts where people have had relapses - as everyone is only human, yet they get some sympathy

Whether she used her maiden name of not - the fact remains that Lloyds TSB have given someone who is declared bankrupt a £6k credit with no checks whatsoever - the fact that the lady was bankrupt should set some alarm bells ringing for one of the largest banks in the UK.

I owuld complain to Lloyds TSB, they should have some practices set in place so stuff like this shouldn't happen - the lady maybe weak - but Lloyds TSB are stupid.

Tootsie_Roll

ibleedred wrote: »

Whether she used her maiden name of not - the fact remains that Lloyds TSB have given someone who is declared bankrupt a £6k credit with no checks whatsoever - the fact that the lady was bankrupt should set some alarm bells ringing for one of the largest banks in the UK.

I owuld complain to Lloyds TSB, they should have some practices set in place so stuff like this shouldn't happen - the lady maybe weak - but Lloyds TSB are stupid.

To be honest I am fairly amazed at your response too.

I am afraid you have fallen into the trap of blaming the bank without all the facts to hand. How do you know no credit check was carried out ? In this day and age it is unheard of for credit to be given without one - hence why I firmly believe that something dishonest happened at the application stage.

I know I am not alone in despising the 'compensation cultutre' that seems to be pervading our society. Man's wife gets loan; spends money; man finds out; thinks she shouldn't have been loaned money in first place therefore must be due compensation - it's lunacy. Are we about to forgoe all areas of personal responsibility ?

DAVETHE_CARDBOARDBOX

My ex did this, and again, the third time I divorced her,
hope this helps

Richard_S

DAVETHE_CARDBOARDBOX wrote: »

My ex did this, and again, the third time I divorced her,
hope this helps

Didn't do you much good Dave if you're living in a cardboard box :rotfl: :rotfl:

DAVETHE_CARDBOARDBOX

Originally Posted by DAVETHE CARDBOARDBOX
My ex did this, and again, the third time I divorced her,
hope this helps
Didn't do you much good Dave if you're living in a cardboard box :rotfl: :rotfl:

But its a very nice cardboard box Richard , and theres no debts on it

Richard_S

Tootsie_Roll wrote: »

To be honest I am fairly amazed at your response too.

I am afraid you have fallen into the trap of blaming the bank without all the facts to hand. How do you know no credit check was carried out ? In this day and age it is unheard of for credit to be given without one - hence why I firmly believe that something dishonest happened at the application stage.

I know I am not alone in despising the 'compensation cultutre' that seems to be pervading our society. Man's wife gets loan; spends money; man finds out; thinks she shouldn't have been loaned money in first place therefore must be due compensation - it's lunacy. Are we about to forgoe all areas of personal responsibility ?

Toots,

You're making huge generalisations here. I despise the compensation culture when it comes to solicitors chasing ambulances but when it comes to huge companies taking advantage of vulnerable consumers then the law should be there for the "little guy & gal".

Have you ever spoken to anybody who works in banking or financial services? The pressure on staff to sell at any cost is immense; their salaries are relatively low and can only be made up with commssion. I'll say it again, "you can't have an irresponsible borrower without an irresponsible lender".

Speak to somebody who works for a large retail outlet; the pressure on staff to sell store cards is constant. In some companies new employees are dismissed if they haven't sold a store card within three months of their start date.

You really need a more balanced world view Toots,

Richard