CCJ and company director

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mag23
mag23 Posts: 3 Newbie
in Credit file & ratings
Dear all,

Great forum and in need of a help.

I have 3 CCJ's unpaid and i am planning to start my own business along with an old friend. so there will be 2 partners both 50% share holders.

Can we form a company and ii become company director? if so what will be the implication of outstanding CCJ's? CCJ's were for personal credit cards/loans as i had lost my job back in 2013. can DCA force to be paid outstanding CCJ amount based on the business?
I am currently not living in UK and do not own any property/home etc.


Appreciate if someone could assist.


Thanks

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi Mag23 and welcome to MSE,


    Assuming that you are talking setting up a Limited Company in the UK, the personal CCJs shouldn't have any affect on this. The CCJs can't be enforced against the business because the business is a separate entity.


    With regard to the personal CCJs, please be aware that they can still be enforced, most commonly by bailiffs or an attachment of earnings order. I appreciate that neither of these may bother you whilst you are abroad, but it is important to be aware the money can still be chased. Potentially, they could chase the debts internationally. If they know which country you live in now they could apply to transfer the CCJ to that country to be enforced through the local system. If that happened you would need local advice about that process.


    Are you planning to return to the UK to set up the business? If so you could apply to vary the CCJs, to pay instalments to prevent further enforcement action. You could offer as little as £1 per month, if that is all you have available until your business is up and running.


    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    What's the nature of the business? Bank accounts and trade suppliers spring to mind as potential areas of contention. As a Director you may be enquired upon personally.
  • mag23
    mag23 Posts: 3 Newbie
    edited 9 August 2018 at 6:39AM
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    Many thanks for taking time to reply.

    I am actually keen on settling and willing to pay whatever i can afford. The issue is CCJ's were issued when i was out of the country hence is due in full i believe? can CCJ's now be negotiated and monthly payment agreed? if so then would i need to contact the debt collectors and agree or court would need to decide that? What are the best options if you could please advice as i am not sure. In total amount is is in excess of 10K.

    @Thrugelmir, Business would be electronics retail and whole sale, suppliers should not be an issue as my partner already have established entity abroad so it will be his personal influnce, yes opening business bank account could be challenging as i see however would need to see whats the best option and what can be done however any advice would be highly appreciated.


    Thanks
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi mag23


    It is possible to try and negotiate a payment plan directly with the claimant of the CCJ. However if they will not agree to your offer, or you want peace of mind that enforcement such as bailiffs cannot be used, it is possible to make an application to the county court.


    You'll find the process explained here https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx.


    Best wishes


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • mag23
    mag23 Posts: 3 Newbie
    edited 10 August 2018 at 10:45AM
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    Many thanks for the prompt reply.

    I would ideally like to negotiate with creditors beforehand whilst i am out of UK, however i dont know even know exactly who the CCJs are for and which banks or DCA, since its been such a long time, i have the CCJ reference numbers which i got them from my credit file. So is there anyway i can find out more details based on that? once i know who are the creditors i can contact them and can take it from there.

    Many thanks
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
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    Hi again mag23


    You can contact the county court that issued the CCJ and ask them for the particulars of the claim, this will include the name of the company who made the claim. You can search for the court's contact details here https://www.gov.uk/find-court-tribunal.


    If you're unsure on which court issued the CCJ check your credit file, or www.trustonline.org.uk (for a small fee).


    Best wishes


    Susie
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • Funkylemon
    Funkylemon Posts: 3 Newbie
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    I have a ccj against an individual who hasn’t paid. Can his Ltd company assets be used to pay off a Ccj which is unrelated to it?
  • cymruchris
    cymruchris Posts: 5,230 Forumite
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    Funkylemon said:
    I have a ccj against an individual who hasn’t paid. Can his Ltd company assets be used to pay off a Ccj which is unrelated to it?
    It would be better to start your own thread rather than drag up someone else's old question from 2018.
    An ex-bankrupt on a journey of recovery. Feel free to send me a DM reference credit building credit cards from the usual suspects :) Happy to help others going through what I've been through!
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