CCJ proceedings whilst waiting for Bankruptcy court date

macready12

Waiting for bankruptcy proceedings date from court and Ive received CCJ forms from one of my creditors solicitors. Various options given, admit debt, refute debt, or offer payments. What do I do? Or how should I reply? Will my bankruptcy proceedings be affected if the date comes through while the CCJ is being processed? Big thanks in advance

tigerfeet2006

Is one of your creditors making you BR? Sorry my brain left on the train this morning snd I can't remember

tight_jock

macready12 wrote: »

Waiting for bankruptcy proceedings date from court and Ive received CCJ forms from one of my creditors solicitors. Various options given, admit debt, refute debt, or offer payments. What do I do? Or how should I reply? Will my bankruptcy proceedings be affected if the date comes through while the CCJ is being processed? Big thanks in advance

If you have taken advice from one of the agencies in my sig, then check with them.

If you have a date booked at the court then it makes little difference what you do with the CCj as any outcome will be cleared by the BR.

macready12

Thanks guys. Making myself bankrupt, CCJ relating to a bank loan. Others sure to follow, need bankruptcy asap.

rog2

Whilst you could tell the court that you are declaring yourself bankrupt, thus rendering any CCJ totally ineffective, you really don't need to do anything if you don't want to.
Even if a CCJ is issued against you it will still be included in your bankruptcy and the creditor who obtained it will gain no preferential status over your other creditors.
But, to put your mind at rest, why not ring the Court Office and ask for their advice.

tigerfeet2006

macready12 wrote: »

Thanks guys. Making myself bankrupt, CCJ relating to a bank loan. Others sure to follow, need bankruptcy asap.

Thanks for that. Iwould just do as the others have suggested. Inn the scheme of things bankruptcy trumps ccj anytime.

malestrom07

The only thing to think about is; If you are going bankrupt sooner rather than later I agree with all of the above. However if you do not reply to the CCJ, and get a judgment in default, which normally happens if you don't reply. The creditor can then take further action to recover the monies due on the CCJ.
If you have since gone BR, no need to worry, if you haven't, a baillif could execute a warrant if you are not protected by insolvency. I dealt with the exact same scenario last week. The client did not realise this could happen. However, if you contact your court office and let them know (especially if your appointment is booked) they will probably shelve the CCJ and only look at it after BR is granted. Hope this helps. The CCJ in Default I dealt with was with Northern Rock, they acted on the last day of the 14 days response time. - The client told them to *&%$ off. When they returned the following day, he was BR at 10.00am so again he told em where to go.

Homework

Agree with above, let the court know you have petitioned for bankruptcy and this has arrived. They will hold the CCJ for the higher decision.

macready12

Thanks loads for all the advice guys, I feel I can take my head out of the sand now! (Sand and Head being the two worst enemies of the ordinary person going bankrupt). Much appreciated.

malestrom07

Just to add for those who may be reading this thread, if you need the help of the court, use this link to find the phone number for the court manager for your local county court. Their numbers are all listed. County Court Staff are usually very very helpfull and have always been a pleasure for me to deal with.
http://www.hmcourts-service.gov.uk/HMCSCourtFinder/