Bankruptcy questions

Sam2022

Thanks guys for the information, like I said its taken a while for me to come round to the logical way of thinking and consider letting time take its course.  It is frightening to think all these debt collectors might decend on you.  Bankruptcy seemed like the easy way out of it all to get a clean start.  Especially when I have some serious health issues going on as well, which wears me down.

I hadn't realised I was the 3 year point on some of my debts already, it was a shock.  At the same time I'm only half way to having the money to pay for bankruptcy.  So I'm thinking I may as well just carry on saving up the br fee, that way I could always do it if things get too bad with creditors.

When does the 6 year for statute barred start from?  Is it when you miss payments or the default date?  Or the CCJ date as I currently have 3 of those.

fatbelly

If you have a ccj then statute barring does not apply as it refers to whether the creditor is out of time to start a court claim. However there is a separate rule that gives them 6 years to enforce the ccj.

The courts have decided that the clock starts ticking at the default date for Consumer Credit Act debts. You can then restart it by acknowledging the debt by payment or in writing. But once it hits 6years it is statute barred and stays that way

Sam2022

Thanks fatbelly, I will make myself a list and see where I am with everything.
So with the CCJ's, one company has gone for the WOC for 2 CCJ's.  I understand that the WOC is valid for 12 months from the date issued.  So the 6 year clock starts from then assuming they take no action??

fatbelly

They have 6 years to enforce a ccj fromvthe date of judgement

Sam2022

So it has been a while since I had anything to report.
I was receiving a biologic medicine that was supposed to stop my own immune system from trying to destroy my bowel.  The biologic failed and I went into a disease flare.  To prepare my body for a 2nd biologic  I had to endure 3 months of steroids.  For anyone wondering I have been on high dose steroids for 16 of the last 18 months.  The side effects are horrific and many of them serious.  My eyesight has been damages permanently for a start and my weight has ballooned by nearly 4 stone.
I started loading doses for the next biologic and my UC has gone back into full flare.  That means over 10 bouts of diarrhoea, blood, mucus and puss. It is so delightful.
My Consultant believes I will lose my whole bowel sooner rather than later, so I am seeing a surgeon in December to discuss that.  In the meantime I battle on trying to find a medicine that will work.
Meanwhile I have been diagnosed with sleep apnea.  My Cardiologist ordered an echocardiogram and that has shown I have an aortic aneurism.  
All in all I am about buggered and do not need the stress of all my debt, although it was me that ran it all up.

Sam2022

So yesterday afternoon I had a dental appointment, while I was out a man came to my flat door and my daughter answered.  He,was from the Courts and tribunal Services.  He told my daughter to tell me there was nothing to worry about, all I had to do was make an arrangement to pay what I could afford without skinting myself.  He left 2 letters.
They relate to 2 Virgin Cedit Cards that they pursued for CCJ's, then warrants of control.
Both letters say that the outstanding amounts must be paid immediately or the warrant will be executed, there is no time frame on either letter as to when that would occur.
I thought that the County Court Bailiffs had to give notice of 7 clear days before attending your home?  I had no notice of them coming, otherwise my daughter wouldn't have opened the door!  I should add that the bailiff did not try to enter the flat, he remained outside the whole time.
I was wondering what is best going forward, having not been here before.  My idea was to send the bailiffs office a letter of vulnerability, providing details of why I am vulnerable and asking them not to visit as it would cause undue stress.  Instead return the file to the creditor
as I am a vulnerable person under the Taking Control of Goods National Standards.

Is the next best step?  If not then any help and advice as always will be appreciated.
Thanks in Advance.

fatbelly

The county court bailiff should have given notice but as you have found they are generally good-natured and not very effective at collecting money.

They have made their visit, told you to contact the creditor. They will be closing their file so there is nothing that you need to do

Sam2022

So you don't think they will  call again?  Even though the letter states, if the full amount isn't paid immediately they will return to execute the warrant.
I know I am a worrier and overthink things sometimes, so wanted to double check.

fatbelly

If they do, then just do not engage. I think it's unlikely. Court bailiffs are salaried employees of the court. Rarely cause any problem

Sam2022

So I have been trying to do some research to become more knowledgeable about the whole bailiff thing and warrants etc.

I'm looking at following the advice about not engaging with the bailiff if they return, as it makes sense knowing they can't force there way in.  Not that there is much to take if anything.

I was reading an article about debt covered by the CCA 1973, which all my debt is.  I saw this which I have cut and paste 

• Restrictions on Consumer Credit Debts: 

  Critically, for a debt arising from a consumer credit agreement, a writ or warrant of control cannot be used by the High Court or County Court Bailiffs to seize goods. 
  
  Am I misunderstanding the meaning of this?  As it seems to suggest that the bailiff should not even be trying to recover the money?
  
  Also not being tech savvy I don't know how to get the margin back to the left side!!