solicitor harassment

raleigh75 · 9 October 2017 at 12:10PM

I do have a lot of debt, over 100k due to credit crunch 2008, loss of business and trying to survive off credit cards. I am looking into bankruptcy. In the meantime I have the unfortunate dealings with a solicitor company who are demanding all of my £40 disposable income to repay a credit card debt. They have a judgement against me through the courts which I didn't know about ( sent to my old address which was repossessed) I have explained I am entering agreements with all my creditors for £10 a month, but if I don't pay the £40 they will enforce the judgement ( i.e. bailiffs) They are asking for SOA and 3 months bank statements. Do I have to provide them with my bank statements? Is it true I can't pay more to one company than another and they shouldn't ask this?!
Ive tried my best to cope but bankruptcy is going to be my best option

StopIt · 9 October 2017 at 3:31PM

If you're looking into going bankruptcy? Assuming you've had advice from the CAB/Stepchange etc,and that's the best option, you shouldn't be paying any of your creditors.

All of those debts, including any CCJs will be included in the bankruptcy and you'll need to pay the £850ish fee, so you'll need to save up that.

At this point, you write to the solicitor, say you're going bankrupt and that this debt will be taken care of as part of it. County court bailiffs have little power, are not really used often to enforce CCA debt and CCA debt cannot be escalated to the high courts.

Get help with your case in terms of bankruptcy ASAP.

National_Debtline · 12 October 2017 at 6:27PM

Hi Raleigh75,

The bankruptcy fee in England and Wales is £680. A court fee of £130 and a deposit of £550. You may be able to apply for help from some trust funds for the deposit and a potential discount on the court fee, depending on your circumstances, using an EX160 form. If you are seriously considering bankruptcy then ensure you get full advice from one of the free charities first. If it would take you time to get the fee together and you are worried about bailiffs you could try and vary the CCJ.

This is done with an N245 (if it is still in the county court and not the high court) costing £50. The court will consider your application to change the payments and if you maintain the new payments set, the creditor cannot apply for things like bailiffs. But one thing you need to weigh up here is the timescale and longevity of this application. Good luck,

Laura
@natdebtline

solicitor harassment

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