3 years post discharge, creditor and county court hassle

Icanandwillsavemoney

Hi

Everybody helped guide me with my bankruptcy and I am hoping for some further help if possible.

Last week, I have a visit from a County Court Bailiff but as I was out, he posted a letter through the door stating that if I did not get in touch with him, I was facing imprisonment!

I called as soon as I got in to find out what it was about and he informed me that the Judge at the nearest court was ordering me to attend on July 14th to provide details of my means and any other information to enforce the order.

The debt was unsecured and from 2009. My bankruptcy was in Nov 2011 with discharge 2012.

I called the court the next day and stated that I didn't want to waste the courts time and told them that the debt had been included within my bankruptcy and the CCJ had therefore been overturned and no longer was I allowed to make any payments to it. I faxed them copies of the bankruptcy and also the page on the petition stating that very debt.

Fast forward to last night and the court bailiff turned up and served me!! Showed him the bankruptcy paperwork and he was not interested and told me to get in touch with the court again.

Called the court this morning to be told the Judge has decided to forward the correspondence I sent them to the 'former' creditor to see what he felt like doing next!!!

To say I am fuming is an understatement!

Surely the judge at the County Court (who issues bankruptcy orders) would be well aware that the debt is no more???

Called the IP this morning to let them know what was happening and the stated that under no circumstances was I allowed to make any payments.

I have an email address for the court as I said I was not giving them permission to forward my private correspondence to the old creditor, and that it had been sent for their eyes only. They said I would need to email all this to the court!!

I have also got to email the IP all the details too.

Can I make a complaint to the court? Would I be justified? If I can how would I word it? Any advice would be gratefully received.

Many thanks in advance.

ICAWSM

Icanandwillsavemoney

Quick update if anyone could help.

Emailed IP and they have said they don't have details so have emeiled them what page on my petition it appeared and they are sending the creditor all the relevant paperwork.

Now I just need help with how o deal with the County Court as they are still pursuing :-(

Thanks in advance.

National_Debtline

You can make a written formal complaint to the Court Manager – this matter is not at the county courts’ or the claimants’ discretion - as long as the debt is a civil matter and accrued prior to your bankruptcy (which it did) it would have been written off whether it was listed or not. Detail what has happened; how you want the matter resolved and ask for confirmation that the hearing on the 14th July has been cancelled (failure to attend can result in contempt of court). Included a copy of your bankruptcy petition and bankruptcy number as further evidence.

You can also complain to the bailiff firm because the bailiff ignored your correspondence that shows the debt is unenforceable. Ask them to stop sending the bailiff immediately. If they refuse you can escalate the complaint to CIVEA (the bailiff trade association).

Laura
@natdebtline

Icanandwillsavemoney

National_Debtline wrote: »

You can make a written formal complaint to the Court Manager – this matter is not at the county courts’ or the claimants’ discretion - as long as the debt is a civil matter and accrued prior to your bankruptcy (which it did) it would have been written off whether it was listed or not. Detail what has happened; how you want the matter resolved and ask for confirmation that the hearing on the 14th July has been cancelled (failure to attend can result in contempt of court). Included a copy of your bankruptcy petition and bankruptcy number as further evidence.

You can also complain to the bailiff firm because the bailiff ignored your correspondence that shows the debt is unenforceable. Ask them to stop sending the bailiff immediately. If they refuse you can escalate the complaint to CIVEA (the bailiff trade association).

Laura
@natdebtline

HI

The OR has been in touch with me today and it seems, they left this one debt off the bankruptcy!

They have now sent the required paperwork to the creditor and also have sent the required info to the courts to get the CCJ removed.

I now need to email the court and let them know the OR's details and update them.

I won't complain because the court was not aware of the bankruptcy regharding this creditor, nor did the creditor :-/

The bailiff was a court bailiff rather than a private one so was just doing his job I guess. Hopefully my next email will solve everything and the court date appearance cancelled.

Thank you so much for taking the time to reply to me, it was very much appreciated.

alastairq

As Laura NDL states, with BAnkruptcy, all unsecured debts are included, whether mentioned in the original petition or not.

So, if the debt was left off the BR' as stated, or not, is irrelevant.

I suspect the OR will now have informed the claimant of the procedure for registering a claim in the BAnkruptcy.

The problem with erroneous claims, and BAnkruptcy is...if the Court is unaware of the BR [if the defendant has failed to lodge their defence]...then the claim can be upheld...which actually, has no meaning in itself.

However, the problem really lies with the difficulty the successful defendant has in getting the Court records removed or altered satisfactorily.

WHich is why it is important to no ignore Court Claims [especially those lodged via Northampton Court, which handles online claims in England & Wales.....all it takes to respond is a few minutes online, to forward one's defence...which is irrefutable....and the matter goes away.

Quite why creditors continue to pursue claims through the Courts, when a BAnkruptcy exists, is beyond me. Maybe they are chancing their arms, in the hope they get away with it?

MAybe they are out to create a thorough nuisance of themselves,, as a vengeful act?

Probably creditors lodge claims en masse, and don't really look at them in detail, unless someone kicks up a fuss?