CCJ after Bankruptcy

sourcrates

thunderella wrote: »

No, there is a current court judgement in place that was issued subsequent to the OP's bankruptcy.

If that court judgement is considered wrong, it needs to be challenged - through the court

Incorrect.

The Debt on which the court sought and issued judgement, was included in the OP`s Bankruptcy.

Judgement was granted AFTER the Bankruptcy was approved.

After you are bankrupt you are given legal protection from your unsecured creditors. They cannot take further collection action against you. This means that none of them can apply for a new CCJ against you.

Once the OP went insolvent, any CCJ associated with there bankruptcy debts will be overturned.

thunderella

sourcrates wrote: »

...
After you are bankrupt you are given legal protection from your unsecured creditors. They cannot take further collection action against you. This means that none of them can apply for a new CCJ against you....

That may well be the correct legal position, but the fact is that someone did pursue the OP after their bankruptcy for the money, and as a result, the court have awarded the claimant judgement in their favour.

If, as I suspect, that was wrong, then the matter can only be rectified by the court ... as suggested by James as early as post#2

National_Debtline

boweso wrote: »

I currently get enhanced rate Personal Independence Payments and Income based ESA woud that qualify and can you give me more information on how i can go about getting it set aside

Thanks

It sounds like you might be eligible for court fee remission. If that’s the case it’s certainly worth putting a set aside application in, just to negate the possibility of the claimant even attempting to enforce it in future. You can explain that the debt was owed at the point your bankruptcy order was granted.

Fatbelly already linked to a factsheet detailing the set aside application process. This factsheet explains whether you’ll be eligible for fee remission. You would apply for fee remission a court form called EX160 along with your set aside application on the N244.

www.nationaldebtline.org/EW/factsheets/Pages/helpwithcourtfees/courtfees.aspx

James
@natdebtline

sourcrates

thunderella wrote: »

That may well be the correct legal position, but the fact is that someone did pursue the OP after their bankruptcy for the money, and as a result, the court have awarded the claimant judgement in their favour.

If, as I suspect, that was wrong, then the matter can only be rectified by the court ... as suggested by James as early as post#2

Read this :

http://bankruptcyexpert.co.uk/articles/can-a-ccj-be-included-in-bankruptcy

Does Bankruptcy prevent you from getting more CCJs?

After you are bankrupt you are given legal protection from your unsecured creditors. They cannot take further collection action against you. This means that none of them can apply for a new CCJ against you.

In addition if a creditor has already been granted a CCJ they cannot cannot take any additional legal steps against you. They lose the right to apply for an attachment of earnings or a charging order against any property you own.

thunderella

sourcrates wrote: »

Read this :

http://bankruptcyexpert.co.uk/articles/can-a-ccj-be-included-in-bankruptcy

Does Bankruptcy prevent you from getting more CCJs?

After you are bankrupt you are given legal protection from your unsecured creditors. They cannot take further collection action against you. This means that none of them can apply for a new CCJ against you.

In addition if a creditor has already been granted a CCJ they cannot cannot take any additional legal steps against you. They lose the right to apply for an attachment of earnings or a charging order against any property you own.

What is written in that article is not necessarily in dispute, but it does not respresent the position the OP describes here