CCCJ's Help Please.

Notgotapottoweein

Could someone please advise me on the correct procedure for a creditor to issue a CCCJ?

I'm assuming that first i will be issued with a court date?

What happens if i get issued a CCCJ before BR which is now 13 days away?:eek:

What are the likely timescales from court appointment to an actual CCCJ being issued?

Sorry for all the questions but i'm pretty concerned about this.

Thanks in advance

fermi

If your BR is 13 days away then you don't have the slightest thing to worry about.

If the creditor applies to the court for a CCJ/claim the court will send you a claim form to fill in. You then have 16 days to return the claim form, by which time you would be BR and the claim would be irrelevant.

Have a look at: County Court Claims and County Court Judgments (CCJs)

Richard_S

Hi Notgot,

Before you get a CCJ against you, the creditor has to issue a County Court Summons, and that'll have a date and the name of the Court. If it's after your bankruptcy date then it's academic anyway.

If it's before then you can either attend the Court hearing, admit liability and submit a Budget that shows you can only afford to pay £1 pcm, or dispute the claim.

If it's for Council Tax you'll need to be careful because they're very enthusiastic.

I would say you've got more than enough time, for your bankruptcy to render it immaterial.

Regards

Richard

Notgotapottoweein

Thanks Guys.

Its actually for a Lloyds TSB credit card.

Worse case scenario time:

If the court were to send county court bailiffs round looking to take my stuff after my BR hearing do i just tell them i'm bankrupt and show them the evidence?

fermi

Notgotapottoweein wrote: »

If the court were to send county court bailiffs round looking to take my stuff after my BR hearing do i just tell them i'm bankrupt and show them the evidence?

Should never come to that since your bankruptcy would be a full defence to any CCJ, or if one is made in error it can easily be 'set aside' quickly.

Notgotapottoweein

Thanks Guys my mind is now well and truely put to rest.

Just getting to me a bit today thats all i've been threatened 3 times already and i've not had my lunch yet! :rolleyes:

fermi

Notgotapottoweein wrote: »

Thanks Guys my mind is now well and truely put to rest.

Just getting to me a bit today thats all i've been threatened 3 times already and i've not had my lunch yet! :rolleyes:

It's natural to feel a bit like that when you get those sorts of phone calls and letters. Made me nervous even knowing they could do nothing.

But you will be BR and safe before they could even start to carry out their threats.

Richard_S

Notgotapottoweein wrote: »

Thanks Guys my mind is now well and truely put to rest.

Just getting to me a bit today thats all i've been threatened 3 times already and i've not had my lunch yet! :rolleyes:

They do get a bit much at times.:eek:

We used to pass the phone over to one of the grand children when we were being bombarded with phone calls.:D GE Capital even managed to sell a loan and a credit card to the oldest, who was 3 yrs old at the time.:rotfl: :rotfl:

fermi

Richard_S wrote: »

GE Capital even managed to sell a loan and a credit card to the oldest, who was 3 yrs old at the time.:rotfl: :rotfl:

The thing is, I almost wouldn't be surprised if they did.

I remember in the papers/news a long way back that a card company sent a Credit Card out in the name of someone's dog.:eek:

No idea how they managed that, but it shows the quality of the checking.:rolleyes:

Notgotapottoweein

fermi wrote: »

It's natural to feel a bit like that when you get those sorts of phone calls and letters. Made me nervous even knowing they could do nothing.

But you will be BR and safe before they could even start to carry out their threats.

I have to say that today is the first time its got to me a bit but god knows if they turn up at my parents again then i think columbo will be needed!:D

Notgotapottoweein

fermi wrote: »

The thing is, I almost wouldn't be surprised if they did.

I remember in the papers/news a long way back that a card company sent a Credit Card out in the name of someone's dog.:eek:

No idea how they managed that, but it shows the quality of the checking.:rolleyes:

Did you see Watchdog last night.

Some poor bloke got his cheque book stolen the thief signed a cheque mickey mouse and got it cashed!! !!!!!!????