Potential Additional Debt From CCJ AFTER BR Has Been Approved.

Simon.G

Thanks for the info. It's appreciated.

NotEvanAPot

More than welcome, any other questions just remember MSE is here for answers and support.

Simon.G

Just re-opening this up again...

I am in the process of writing a letter to the claimant advising that any judgement made against me will be included in the BR made on 08/11/2016, however I was wondering, what is stopping the claimant pulling out of the claim (it is awaiting the hearing currently - no date given so far) and then re-claiming when I am out of BR in a years time, seeing as they have 6 years to make the claim in the first instance?

Just to add to this, even with the BR Order, the claimant will want to go to court just to prove a point, regardless of whether they will get anything from me assuming that a judge finds in their favour.

Shall I still send them the proof of BR or should I wait until the judge makes a decision then bring up the BR when money is discussed?

I tried to contact the OR but no dice there. I just need clarification on what to do really.

fatbelly

Look at Fermi's quote from the Insolvency Act

any debt or liability to which he may become subject after the commencement of the bankruptcy (including after his discharge from bankruptcy) by reason of any obligation incurred before the commencement of the bankruptcy,

This is called a contingent liability

It also appears in the Technical Manual

40.8 Bankruptcy debts

Bankruptcy debts are defined as:
•any debt or liability to which the bankrupt is subject at the commencement of the bankruptcy (being the date of the bankruptcy order),
•any debt or liability to which the bankrupt may become subject after the commencement of bankruptcy, including after discharge from bankruptcy, by reason of any obligation incurred before the commencement of bankruptcy (a contingent liability),
•any amount specified in any criminal bankruptcy order made prior to the commencement of the bankruptcy (criminal bankruptcy orders were abolished in 1988 so official receivers are will rarely to encounter such debts), and
•any interest provable

You have a complete defence to any court claim.

tigerfeet2006

As has been said your debt is part of your BR. Write to the debtor and the court with your BR details then the court can see that it would be a waste of resources to have a hearing. If the hearing goes ahead you just take copies of the BR details in and say straight away that the debt is part of your BR and the debtor is aware of it. The judge will be happy with you and mad at them.

Simon.G

Thanks fatbelly / tigerfeet - That's exactly the information I was hoping to hear.