BR questions

Hadenoughnow1

2 part Question please 

1. one of my creditors has applied for a CCJ. I completed the paperwork and left a surplus of around £30. This has been rejected and the judgement has come back at £250 per month. I really can’t afford this. I may have missed the deadline to appeal though due to being away when the judgement landed through the post. So, this has now promoted me to bring on my BR, as if I don’t pay a CCJ I will have bailiffs at the door won’t I? 

Question 2. 

These are my circs. 18months ago whilst in an IVA I took out further debt totalling around £15k this was for personal reasons (an operation and a holiday, in an effort to save my relationship) fast forward to now and it’s come to a head with this CCJ. What can I expect at interview stage and what paperwork will I be required to get together for the OR. The worry of all this is stressing me out no end I just need it sorting. TIA for any advice 

Galloglass

This has been rejected and the judgement has come back at £250 per month

Q1. Who has rejected it? Have you asked for a Redetermination?

Q2. When you applied for more credit, did the lender not check you had an IVA. It would seem extraordinary that they did not know. Alternatively, did you put something on the application that you might regret? Thirdly, do you have capital you cannot access at the moment?

Who is making you, or threatening to make you bankrupt?

mwarby

Re the £15k, it's very likely that you will end up with a Bankruptcty Restrictions Undertaking or Order (BRU\BRO). The loan will almost certainly come up in the interview, the issue is that you took on additional credit at a time you knew you were insolvent and hance unable to repay it

Minkym00

Exactly what was the £15k spent on i.e. how much on the holiday and how much for the operation? What was the operation? I’m asking because, if it was for cosmetic purposes then it could be criticised, but if you have mitigation then that mitigation will be considered. 

Hadenoughnow1

Galloglass said:

This has been rejected and the judgement has come back at £250 per month

Q1. Who has rejected it? Have you asked for a Redetermination?

Q2. When you applied for more credit, did the lender not check you had an IVA. It would seem extraordinary that they did not know. Alternatively, did you put something on the application that you might regret? Thirdly, do you have capital you cannot access at the moment?

Who is making you, or threatening to make you bankrupt?

It was rejected at the court hearing I presume, I just got the judgement through the post, the lender rejected my offer of £30 a month. 

Can’t remember the application, it was offered through ClearScore. 2 separate lenders. 

I have no assets, most expensive things I own are a £500 TV and a £1500 car 

nobody threatening bankruptcy, I just feel with a ccj it’s now my only option as I can’t afford the £250 payment, plus I still have all the creditors from the original IVA sending me letters still. 

Hadenoughnow1

Minkym00 said:

Exactly what was the £15k spent on i.e. how much on the holiday and how much for the operation? What was the operation? I’m asking because, if it was for cosmetic purposes then it could be criticised, but if you have mitigation then that mitigation will be considered. 

It was for cosmetic purposes to help save my relationship (weight issues) £10k operation £5k holiday roughly 

Hadenoughnow1

mwarby said:

Re the £15k, it's very likely that you will end up with a Bankruptcty Restrictions Undertaking or Order (BRU\BRO). The loan will almost certainly come up in the interview, the issue is that you took on additional credit at a time you knew you were insolvent and hance unable to repay it

The things we do when we are desperate eh! Do I need to provide bank statements etc, as i tend to bin all my paperwork. Do you know what percentage of disposable income they take as a payment order? 

mwarby

The OR can get bank statements direct from the banks if needs be. They take 100% of hour disposable income, if you use https://www.stoozing.com/soa.php and post here we can try and help make sure you get your budget done right and don't miss or drastically underestimate things

Hadenoughnow1

ok thanks, I’m going to try and delay the CCJ’s first payment to buy me some time to start BR proceedings myself as I don’t want bailiffs at my door for non payment of it. 

Galloglass

It was rejected at the court hearing I presume, I just got the judgement through the post, the lender rejected my offer of £30 a month. 

No need to go bankrupt. Try to vary the judgment. If you are as short of cash as you say you are, then apply for a Redetermination within 14 days (to save on fees)
https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx
It is a simple 5 minute process and requires a Statement of Account. So why not apply (Form N244 plus N245). 

Courts make the decision based on being fair to both parties. Setting a rate that is unaffordable and causes you to go bankrupt is the opposite of what the court intends - so it was not intended. 

Hadenoughnow1

The judgement was made on the 21st Feb. I think I’m 14 days after today.  Is it an immediate online thing or do I need to take account for any postage. I feel I may have missed th boat now for the redetermination 😳