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Bankruptcy questions

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  • sourcrates
    sourcrates Posts: 29,181 Ambassador
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    edited 5 May at 2:14PM
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    Just to add, bailiffs cannot force entry to private property for consumer credit debts, they can for certain unpaid magistrates court fines etc, but not credit debts.

    So should you get notification of their attendance, keeping the doors locked, and communicating with them via an open window, for example, will stop them entering your home.

    Its already been mentioned county court bailiffs are employees of the court, and should act in a professional manner, the HCEO`s you see on the telly are employed by private companies and don`t always act as they should.

    Once you are ready, bankruptcy takes care of all your debts, and also annuls any CCJ`s you may have, they will stay on your credit file for 6 years, but can no longer be enforced.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • luvchocolate
    luvchocolate Posts: 3,272 Forumite
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    Halifax are not BR friendly...so avoid all banks within their group...
  • Sam2022
    Sam2022 Posts: 39 Forumite
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    All the info and help you guys have given me is great, so thank you all so much!!
    I'm guessing I'm going to be needing you all to fall back on as things progress.

  • RAS
    RAS Posts: 32,978 Forumite
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    It'll probably be a lot simpler than you expect, but MSE will be here if you encounter any issues or just need to wobble. Wobbles are OK, we've all been in situations where the potential has seemed vast, even though the reality is paltry.

    Take care of yourself and check in regularly.
    The person who has not made a mistake, has made nothing
  • Sam2022
    Sam2022 Posts: 39 Forumite
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    Update
    Before I started posting on here, as you know I had been to Stepchange who recommended taking breathing space then bankruptcy as there is zero possibility of me ever being able to repay my debts.  Something I am ashamed of to be honest but I cannot change it and suddenly become well again and work, if only!
    Anyway Stepchange had advised me to contact creditors to say I was getting their help and looking at going bankrupt.
    I did this with a number of debt collectors and creditors where I could find email addresses, as my mental health isn't good enough to deal with talking to people.
    The really positive advice I then got here, helped me to see how things were and with your great advice I got a plan in place and was feeling a lot more positive thanks to you all.
    Yesterday I received a number of emails, Creation Finance have given me a few weeks grace and suspended all action to give me some space.  Cabot Financial who are chasing 5 credit card debts have given me 60 days suspended action including calling off Resolvecall from visiting me and finally Klarna asked me to complete a budget which I did and they have decided to write off the £900 I owed them given my financial position and health situation.  I hadn't expected that and I am very grateful as that is one thing less to worry over.

    Today the gods have decided to s**t on me from a great height.  A firm called TM Legal who I contacted asking for a grace period, have decided to do the opposite!!  They have applied to the court for a ccj to be granted because I haven't paid them.  It relates to a catalogue debt.  Obviously that will be granted by the court as I had not responded to the initial court papers, as my head was buried in the sand.

    So will this be treated any differently than a credit card debt?  Am I liable to have bailiffs banging on the door anytime soon? 
    Can I just carry on with the plan of selling the car, buying what we need and putting cash aside over the next 6 to 12 months before submitting bankruptcy papers.
    I felt so much better yesterday especially after the great news from Klarna. I guess it was inevitable someone would kick me!!

  • RAS
    RAS Posts: 32,978 Forumite
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    er, no.

    They are idiots. Not only are they going to lose the money when you go bankrupt, but they are wasting the court fees. 

    In practical terms, if you get paperwork from Northampton after the CCJ demanding a statement of income and expenditure, complete it and they'll probably be granted £5 a month. But you'll have probably have gone bankrupt by then anyway.
    The person who has not made a mistake, has made nothing
  • stu12345_2
    stu12345_2 Posts: 1,065 Forumite
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    edited 8 May at 12:34PM
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    bankruptcy will clear your ccj, this outfit are doing this cos you haven't went bankrupt yet, you call their bluff and go bankrupt. but sell your car first and buy all the things you need, remember motorway or carwow will have your car sold in about 3 to 4 days with the cash in the bank instantly 

    so take pics this afternoon, upload them and let the offers come in via carwow or . motorway 
    pay your debt at your rate.not what the creditor demands.cos they have no power.they aren't the police.
  • fatbelly
    fatbelly Posts: 20,814 Forumite
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    edited 8 May at 1:45PM
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    Sam2022 said:
    Update

    Today the gods have decided to s**t on me from a great height.  A firm called TM Legal who I contacted asking for a grace period, have decided to do the opposite!!  They have applied to the court for a ccj to be granted because I haven't paid them.  It relates to a catalogue debt.  Obviously that will be granted by the court as I had not responded to the initial court papers, as my head was buried in the sand.

    So will this be treated any differently than a credit card debt?  Am I liable to have bailiffs banging on the door anytime soon? 
    Can I just carry on with the plan of selling the car, buying what we need and putting cash aside over the next 6 to 12 months before submitting bankruptcy papers.
    I felt so much better yesterday especially after the great news from Klarna. I guess it was inevitable someone would kick me!!

    It's a consumer credit debt the same as a credit card so my previous comments apply here too.

    You seem to be getting a high number of debts going to court action. My rule of thumb is one debt in ten.

    However, I also have the theory that Breathing Space (the formal version) only serves to highlight your debts to a creditor and makes court action more likely. I don't have the data to prove that but it seems to be a pattern

    Can you be a bit clearer on the latest one? Have you received a court claim? What is the Issue Date printed on the claim?
  • Sam2022
    Sam2022 Posts: 39 Forumite
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    I ignored everything, letters, calls, texts and emails for a long time.  I stopped paying a number of accounts around Jan 2023 because I couldn't afford the payments each month.  The cost of living crisis really hit hard in 2022.
    Part way through I was drawing cash on cards just to make the payments every month.  A stupid thing to do I know but I was in such a mess I just didn't know what to do and thought it would all eventually go away.
    I would have received the court papers but like everything else I never opened it, again stupid but it sort of made it go away.  I will wait for the judgement to arrive in the post.
    I got 2 x CCJ in early March for Virgin Credit Cards.  Then this one that sent an email yesterday saying they were applying for judgement, despite me emailing them last week explaining my situation.  I think the same company are going to take me to court for another catalogue debt soon.

    I had a visit today from Resolvecall to put me in touch with Cabot Financial who have bought a number of CC debts.  I explained that Cabot had given me a 60 day respite from further action.  He asked about my health problems and if I was on Disability benefits.  He then apologised for coming and said he would call the office to stop any further visits.  Clearly the 60 day pause came too late to stop the visit.
  • Sam2022
    Sam2022 Posts: 39 Forumite
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    I've received a letter from Northampton Court confirming judgement on 7th May.  It says I have to pay just under £3600 forthwith. £307 of that is costs for issuing the judgement!
    There are details of how to pay this in full but nothing about what to do if you can't pay it, which I find a bit strange.  If you couldn't pay the original debt how are you going to pay the court order?
    Anyway what will happen now if I don't pay it, which I cant?
    The original debt was under £2000 when I couldn't afford to keep up with the payments.  The Claimant is a company called Perch Capital Ltd, so I assume they bought it from the catalogue company I originally owed.  The company I am supposed to pay is a T M Legal Services Ltd in Blyth.

    That is 3 CCJs issued against me now.

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