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need some advice pls

ok so 9ish yrs ago i got a CC....long story short events happened divorce etc anyway i got into trouble repaying it well they are still chasing me for the grand sum of £2800 and now i have a solicitors saying the comp are going to make me bankrupt
my question is what happens now?
they are refusing all offers to try to repay it (mainly cos i never been able to keep to one )
i am concerned about bailiffs
i don't have much (just a 6 yr old tv) everything else is my partners tho we have no proof that the things are his
can they take his things?
what does bankruptcy involve?
i am really worried, any advice you guys can offer will be greatly appreciated

Comments

  • Tiglet
    Tiglet Posts: 405 Forumite
    Part of the Furniture Combo Breaker
    Hi Clair, and welcome:beer:

    As I understand it, creditors will often threaten you with bankruptcy but they don't carry out the threat anywhere near as often. Someone posted recently saying that the costs they would have to pay up front would amount to at least half of the amount you owe, and they would have no guarantee of getting it back. So I would think it's unlikely that they will do this.

    Nobody can come round and take anything without a court order, and they won't be able to take anything that belongs to your partner.

    Speak to the Consumer Credit Counselling Service (CCCS). They are a charity and their advice is free. Their phone number is 0800 138 1111.
  • CCCS_Alan
    CCCS_Alan Posts: 282 Organisation Representative
    Hi Clair.alvarez

    If your creditors have issued a Statutory Demand to make you bankrupt it could just be a threat, as this would mean the debt they have would be written off, and it also costs the creditor to do this. Bankruptcy is a lot more complicated than just that so I would advise getting some impartial advice on your situation overall.
    I would advise you contact Community Legal Advice first on 0845 345 4 345, they can provide free advice on a range of common legal issues via the helpline, such as Statutory Demand. If they are saying they can make you bankrupt and have not gone to the next stage it is probably just a threat, the same as threatening bailiffs as they will only be involved if your debt went for a CCJ and you failed on the agreement or ignored the paperwork.
    Regard your overall situation I would suggest trying our online advice facility called Debt Remedy where you can complete a financial statement and be provided with advice on the best way to deal with your situation.

    Hope this is helpful

    CCCS_Alan
    I am a Debt Counsellor that works for the CCCS and have specific permission from Martin, to post on these boards to try and help those in debt. Read more information on the CCCS and what it does in the Debt Problems: What to do and where to get help article.

    CCCS is a registered charity, and there is no charge whatsoever for any of the services we provide to our clients. We take great pride in offering first class help and advice, but we only offer this where we have been able to fully explore and understand your circumstances with you. We want to help you understand these choices and their possible implications but not make them for you.
  • thx for the replies (sorry its been a while to reply)
    i had a phone call yesterday from the solicitors working for the client (no idea who the client is tho!! its been 3 yrs since i delt with them)
    and they are sending someone round to serve me with this statutory demand thing
    i didn't quite understand what he was saying on the phone so i don't really know what it means
    but he said they would be going for bankruptcy then instructing bailiffs
    i said surely it has to go to court first he said yes but that was just a formality

    i really don't understand what is happening
  • Tiglet
    Tiglet Posts: 405 Forumite
    Part of the Furniture Combo Breaker
    Hi Clair,

    I'm not an expert in these things, so I can't give any specific advice beyond what CCCS_Alan has said.

    I did find this link, and this link to sites that have a lot of useful information about bailiffs. Also this link, which explains about Statutory Demands

    I hope this helps.
  • thx tiglet

    can anyone tell me if when they serve me with this demand thing, will have to sign loads of stuff as they said i would need to

    i don't want to sign ANYTHINGi don't understand and lets face it if i do it will be full of legal stuff i have no clue about
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    but he said they would be going for bankruptcy then instructing bailiffs

    That is a straightforward lie from them. Bailiffs cannot be instructed by them in bankruptcy
    i said surely it has to go to court first he said yes but that was just a formality

    Again, that is a lie intended to scare you. It is not just a 'formaility'. They would need to serve a second 'petition' on you and present that at court. That would cost them at least £590 in fees that they have to pay up front. They would have no guarantee of even getting those fess back through a bankruptcy, let alone the 'original' debt.

    If you should be served the demand then you do not have to sign anything.

    Please either call National Debtline - Tel: 0808 808 4000 or The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111.

    Both of those are very familiar with "Statutory Demands" being use as scare and bullying tactics by creditors.

    In addition, you say that the debt is from 9 years ago? How long is it since you last wrote to them acknowledging the debt, or made a payment on it?

    If that is over 6 years, or there was a 6 year period that the debt went by where you didn't do this then the debt may be "Statute Barred". If it is "Statute Barred" then they may not be able to carry through with these threats even if they wanted to.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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