Can creditors do anything else to recover funds after BR?

MM1975

I was in court today to answer questions in response to the lawyers who brought a ccj against me. I've been honest and the judge was satisfied. The lawyers however intonated that they would go away and discuss "how else they can recover the debt". This has left me feeling sick and distressed. This firm (Lovetts) are very aggressive and I'm really worried. Wanted to put this all behind me but I just feel like someone's piled stones on my chest.

NotEvanAPot

No they cannot, and had that been in earshot of the judge, he should have admonished them on record!

Chest beating by thugs in suits, you have nothing to fear.

MM1975

They did say it in front of the judge but he also said the court was satisfied. They asked for (and got) 12 months of bank statements and the feeling I got was that they were going to go through them with a fine tooth comb (like they did my social media) and try & find something to trip me up or accuse me of fraud. Which while I know there isn't any doesn't mean they can't make my life difficult in the meantime. I'm just really worried & scared.

NotEvanAPot

They can do nothing to recover the debt, that is an absolute. For completeness, and I never recommend it, contact your OR and request they put such a statement in writing "the debt was included in BR order XXX/2016, and therefore cannot be recovered from the debtor".

They may have bank statements (you would need to PM some case details as to why they would have been granted such a request if made on the day and not in advance), but they cannot use the courts as a recovery vehicle any further. Were they actually the creditor, or an assigned creditor (debt collector)? If the latter, I would draft something along the lines of further direct contact is harassment and they must communicate with OR on matter. If they are not the original creditor, the OR will have very little time or patience for them.

It sounds incredibly belittling, but something important to remember; each bankruptcy is huge to the individual involved, but a piece of work to an IS employee - something to be completed and moved on from. Do not worry that because one creditor rattles some cages that the worst may happen. If you have been honest to the OR, sleep peacefully now the court case is closed.

MM1975

Thank you so much NotEvanAP - very reassuring. They were the solicitors for my creditor (also a solicitor) so when I send over the final requested details I'll include a note that they should communicate with the OR from now on.

Thanks again.

NotEvanAPot

:rotfl: Not towards you, them! They can call themselves whatever they choose to, they are debt collectors with the odd paralegal with a lack of aspiration and a handful of rejected lawyers.

One does not enter the profession to dream of the day when you are bottom feeding for 5p in the £.

You are very welcome, happy to help!

amstel2

As other posters have said they can't do anything.

Just laugh at how much their wasting on legal fees. Then sue them for harrassment.

NotEvanAPot

Harassment has popped up a couple of times this week, once seriously and once, as above, in a joking manner.

A civil claim by an individual for such an accusation requires the below:
Actions were intentionally taken to cause alarm or distress, and;
Was oppressive or excessive, and;
Was targeted (not an arbitrary process).

All elements must be proven before quantification of damages due. Exemplary damages can be increased or decreased by the actions of the claimant - if they failed to take the actions of what the court holds to be that of a normal person in minimising impact of actions (and a defendant properly represented can do this with their eyes closed), a damages claim can be dismissed even if a judgment of harassment is passed. What this means is if you have action started against you and you either ignore it and allow it to escalate, or you are deliberately uncooperative, you can be seen to have not taken what the court may deem to be reasonable actions to avoid potentially disruptive behaviour.

Just posted for information, the growing compensation culture within the UK sadly is not backed by the small print circulation of many countries of similar legal systems.