CCJ , massive debt and possibility of being arrested ?

Impz

Hi,

Im a 22 year old called Andy

i have plucked up the courage to start posting on this forum in the hope of getting my money problems sorted. I am in about 24k worth of debt. mostly cards / loans and previous car finance. I no longer own my car as a sold it after i consolidated the finance with a loan from natwest. i have been hiding with my head under the sand for the last year and i recently got a CCJ (which i foolishly ignored) from EGG.

I got a letter today saying a need to pay £77 by next friday or the bailiffs will come to my house. now the thing is i live with my parents and i have nothing of value here, everything belongs to them so am i right in thinking they cannot take my parents stuff?

The other thing is my parents seem to think if i dont pay this £77 i will be arrested but as being in debt isnt a criminal offence is that possible ?

I know i need to go for bankruptcy but being un-employed at the moment means i have little or no money and my parents are supporting me at present. I am un-employed through stress as my mother has a bad alcohol problem and i have alot of difficult things happening in my life at present, my ex partner is due with my second baby in the next few days. I am not claiming benefit as i am a silly fool who lets his pride get in his way!

My question is, is there a way for me to get a discount on my Bankruptcy fees ? and also the question above about being arrested. none of my debt is council tax or anything like that all loans and credit cards.

Any help will be appreciate and also any relevant advice would be good. i have hidden for too long and i want to sort my life out !

Many thanks guys,

Great forum by the way i think im in the right place.

Kindest regards,

Andy G :beer:

loopy_lou1

Oh Andy!
I can totally sympathise - I buried my head too.
You won't be arrested. I PROMISE. As for the BR fees you have to pay them. They're £335 - the court fees however, you can claim exemption from as you are unemployed with an EX160 form http://www.insolvency.gov.uk/forms/forms.htm and everything you need is there.

I don't know who has the right to say that the bailiffs can take anything in the house that doesn't belong to you. And you don't HAVE to let them in. If they come to the house you can turn them away. There are human rights that have to be adhered to. I know that because my friend works in Debt Management.

You need to go to the Citizen's Advice for professional help because I am sure you can prevent this.

There's a lot of people here who can help you. As you can see from my sig I only went bankrupt on Wednesday. I don't know a great deal but I promise you there is people here that can help.

Lou x

Impz

wow lou thank you so much for your help.

I really hope things get better for you now ! i am really nervous of acutally sitting down and adding up my shameful debt. i feel i will be looked down on by the courts as i have no assets at all it was all financial companies giving me more credit when they knew i was already too much into it. i rang natwest one day to settle my loan and they persuaded me to borrow another 6 grand to buy a new car. These companies should be regulated tighter to stop them ruining people lives. i just hope i can start over and still manage to get a mortgage in the future. i cant work at the moment as if i did the attachment of earnings order would mean i was working for free! Halifax have given me £800 of account charges in the last 5 weeks , its totally criminal !

I get silent phone calls from half 7 in the morning until 10pm at night , my creditors are houding me 24/7 and when i answer the phone nobody speaks for the first 10 - 20 seconds. i get legal threats every day. they write me letters telling me i have to pay 12k within 7 working days and if i offer £5 pounds per month (which being un-employed is alot) and they just laugh at me !

Im glad i found you guys i will let you know how i get on and thank you so much for your friendly welcome and understanding.

Andy G

:A

penguin83

Hi Andy - what exactly have you received from the court that mentions getting arrested? There are a few processes that can end up with you being arrested however these are for not completing forms - you wont be arrested for not paying.

I noticed you have mentioned attachment of earnings - are these the forms that you have received? x x

debt_doctor

Hi Andy, welcometothe board.

No you wont get arrested. You need get some help from one of the debt charities. You also need to claim benefits asap. Quite right that you donot have to let baillifs in to your home. KEEP THEM OUT !
You could also apply to the court on form n245 to have the baillifs stopped and your payments reduced by the court to £1.00 per month. You would not have to pay any fee for this you would be exempt.

Best

DD

tigerfeet2006

Hi and welcome to the board

Your first port of call should be to contact one of the Debt Charities; see links below. Their services are free; they have no vested interest to serve; their advisors are professionally trained and the advice they give will be objective and in your best interests only. CCCS operate a system of telephone appointments that are designed to be flexible and don’t require you to attend an office based interview. At the CAB you will need to make an appointment with a specialist Financial Advisor; other advisors may not have the specialist knowledge you’ll need.

http://www.cccs.co.uk/

http://www.nationaldebtline.co.uk/

http://www.citizensadvice.org.uk/index.htm

If you’re advised that bankruptcy is the most suitable solution to your financial problems then we can offer the best support and anecdotal advice that you’ll find anywhere on the Web.

For more specific advice and support, in an environment that is managed by people with first hand experience of bankruptcy, and moderated to ensure that no deliberately inflammatory or abusive posts are made then please visit:

http://bankruptcysupportersclub.co.uk/default.aspx

Just remember, as desperate as you may feel at the moment, we have all experienced what you are going through at the moment and with the right support and advice things will improve. It’s not an easy route to take but it is a route that will put you back in control of your life rather than just reacting to events.

DEBTMONKEY1A

Impz,

Hi! Short & sweet as at work. 1)-DEBT IS NOT A CRIMINAL OFFENCE-no arrest will happen! 2)-Call one of the debt charities NOW! You could submit a statement of means to the Court & end up paying just £1 a month as you have no income, 3)-Search this forum & http://www.debtquestions.co.uk/debt_forum/ & send letters recorded delivery (or fax) telling them THEY CAN NO LONGER CALL YOU AT HOME & MUST COMMUNICATE IN WRITING-this is your right! 4)-Download the fee exemption form for the £135 Court fee for BR (again search this site or the court web-site)...fill in (once you've called/set a date for BR) & GO before the BR hearing to the Court-they can sign it if you are eligable for exemption-as much as 6 weeks in advance! 5)-Claim your benefits! If you go BR northing will be taken from you.6)-Bailiffs have NO right of entry-ulness a door is open or a window is open, they can't push past you! As it's your parents house & their stuff-even IF they got in they can take nothing.

Obviously as said by others get advice from the debt charities but from what I see BR would give you a fresh start. If you are paying creditors STOP NOW to save for BR fees. Even better if your parents have seen you've taken proper advice they could help (Xmas present??).

If advised to do it DO IT STRAIGHT AWAY. If they say their is no court date for say 6 weeks, take the best they can offer & turn up asap at court with completed forms & fee money. Tell them it's urgent & you need to do this NOW (for the sake of your mental health!) & County Courts will NOT turn you away.

You never know...if you are BR before Xmas it would be a debt free xmas & a new start in the new year! Good luck!

Richard_S

Nothing more I can add to that DM1A; don't suffer a headache if there's some pain killers around.:D

fiveyearplan

Nothing I can add to any of that either except do ring one of the debt charities - I promise you will feel better when you do (maybe the headache will go away?). They will put things into perspective and let you know what your choices are and how to stop all those nagging phone calls. BTW they cannot ring you after 9:00pm.

seven2seven

And above all , if you have any questions , need a hug , want to say something stupid , rant about one of the financial institutions .........then do it here , thats what we are all here for , support and advice during a difficult time. Loans.co.uk just offered my OH a loan , she went BR same time as me , Loans.co is owned by GE Capital , one of her creditors , go figure

wherediditallgo

I agree with all of the above except the following line that I've highlighted, but if someone knows better they're welcome to correct me.

DEBTMONKEY1A wrote: »

Impz,...6)-Bailiffs have NO right of entry-ulness a door is open or a window is open, they can't push past you! As it's your parents house & their stuff-even IF they got in they can take nothing.

If bailiffs get inside a property for the first time, they can get a walking possession order. Basically, this lets them make an inventory of what's in the property & anything on that list in effect becomes theirs unless you can prove it doesn't belong to you. Once the items are on that list, the bailiffs are entitled to enter the property at a later date & remove them, so it's essential that your parents are able to prove the items are theirs otherwise the bailiffs will take them & are entitled to sell them if your parents haven't provided proof of ownership (I think it's within 7 days of the goods being taken).

Saying it's your parents' home & the items are theirs isn't good enough - they have to be able to prove the items are theirs by way of receipts or a written document like a sales order confirmation or credit agreement. Bailiffs cannot remove certain items, eg tools of your trade, things that can be proved on the day to belong to someone else (otherwise they can take them, but the owner will get them back if they can prove they own them not you), things belonging to a child. They also must leave you with items essential for daily living eg a fridge, a means of cooking (so if you have a gas/electric cooker & a microwave, the microwave will go).

The best thing is not to let the bailffs into the property in the first place. Don't leave any windows or doors open - that includes gates & garage doors that may allow access to the property. Please read up on what bailiffs can & can't do - you can find more detailed info here.