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potential for CCJ

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  • melysion
    melysion Posts: 801 Forumite
    edited 27 February 2015 at 5:53PM
    They could easily force me to sell my property though I imagine and there's no earthly reason to think that they won't do that (In order to get their money more quickly and it's no more than I deserve). Oh well. I can but try. Certainly a lot less hopeful than I was about things now but thanks it's good to know.
  • sourcrates
    sourcrates Posts: 31,481 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    melysion wrote: »
    They could easily force me to sell my property though I imagine and there's no earthly reason to think that they won't do that (In order to get their money more quickly and it's no more than I deserve). Oh well. I can but try. Certainly a lot less hopeful than I was about things now but thanks it's good to know.

    No, they wont do that, your debt is unsecured.

    They would have to take you to court and obtain a charging order, then go for an order of sale.
    Just to put this in perspective, in 2013, out of all the thousands of charging orders made that year, there were only around 48 orders for sale granted.
    So its very rare.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    edited 27 February 2015 at 6:32PM
    sourcrates wrote: »
    They would have to take you to court and obtain a charging order, then go for an order of sale.
    Just to put this in perspective, in 2013, out of all the thousands of charging orders made that year, there were only around 48 orders for sale granted.
    So its very rare.


    Also, even if they did get a CCJ and charging order they can only apply for an order for sale if you missed instalments which the court sets. They can't just force you to sell your home.


    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • melysion
    melysion Posts: 801 Forumite
    It wouldn't matter anyway as the CCJ would lose me my job. Lol. Maybe I'm thinking too much but I'd rather know about everything that could happen than have a nasty surprise if the crap hits the fan in a big way. Thank you both for all your help ;)
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    melysion wrote: »
    It wouldn't matter anyway as the CCJ would lose me my job.

    That's what the Tomlin Order would be for. I understand that it's a big worry for you though so it's difficult not to think through all of the possibilities.

    James
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • melysion
    melysion Posts: 801 Forumite
    Well I've no intention of not sticking to the terms of the DMP so I'm guessing in theory all this nasty stuff won't be necessary. However I simply don't trust "those in power" to not stick the boot in whenever they can so we will see. As I say I'm suspecting I'm thinking too much but there's no reason at all for my creditors to be nice to me and accept the DMP, I realise that ;)
  • melysion wrote: »
    So am just starting out with a DMP and am wondering - what are the chances of a creditor refusing to accept the payment and going down the CCJ route. If I am made bankrupt, take out a IVA or have a CCJ made against me I will lose my job so am very concerned about any of the three happening. Of course if I lose my job, no one will get a dime but I can't imagine that stopping some people ....

    I know it's easy for me to say don't worry but in this case, I really think you will be fine. We started off with over £82K of debt and a similar DMP timeline to you. Of that, over £20,000 was owed to Lloyds and while they have been a bit of a pain in the rear at times, there hasn't been a hint of a CCJ.

    Keep talking about it if it helps, we will support you through this.

    TTFTM x
    LBM 10/1/12 ~ DFW Start 6/2/12: £82,344 ~ Now Zero
    :staradmin:starmod::staradmin Debt free 17th April 2015 :staradmin:starmod::staradmin
    Eternal thanks to the DMP & Mutual Support (no.439) and Payment a Day Threads
    Mortgage free 3rd July 2014 - Grateful thanks to the 2013/14 MFW threads
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    Proud to have dealt with our debt :)
  • melysion
    melysion Posts: 801 Forumite
    Thanks. In my more logical moments I'm sure it will be fine. I just get into a downward tunnel of dispair occasionally. I'm suspecting this is all par for the course.
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