Who decides CCJ

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Comments

  • fatbelly
    fatbelly Posts: 20,446 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    You send the form to the court

    They send it to the creditor.

    If the creditor accepts the offer, the court rubber-stamps it

    If not then the court decides, possibly after a hearing.

    https://www.nationaldebtline.org/EW/factsheets/Pages/varyingpaymentsonaccj/instalmentsonaccj.aspx
  • GTS15
    GTS15 Posts: 15 Forumite
    Cheers fatbelly , wife decided to go bankrupt as the pressure has taken its toll on her and at least in her mind it is over as decision made rather than have the thought hanging over her head. Our son kindly paid the bill and helped fill in the forms tonight. For the trolls on here I hope you never go through what we have and should take a long look at yourself in the mirror as it must be great to be perfect. For those who took the time to help I thank you as watching someone try to top themselves due to very nasty creditors is truly awful when all they did was try and be a good wife
  • fatbelly
    fatbelly Posts: 20,446 Forumite
    Name Dropper First Anniversary First Post Cashback Cashier
    I think that's the decision you would have been driven to sooner or later anyway.

    Although I have seen very low instalments ordered, I have also seen them declined if they do not clear the ccj in a 'reasonable' period, usually 5 years and then you're back to £1000 a month in round figures.

    Both sides can ask for a variation so even if you got a low instalment, the other side could apply for it to be looked at again at some time. It doesn't sound like other enforcement methods would be effective but you would have the hassle of maybe an information order and/or High Court Bailiffs.

    Yes, bankruptcy is best avoided if you can - but usually only affects those in rented accommodation negatively if they have to move and have a credit check. Car insurance can be difficult to get a monthly payment option. But provided you don't own property or other significant assets and don't have career aspirations in a job it would affect, bankruptcy is a good option.
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