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    • GTS15
    • By GTS15 12th Jul 18, 11:10 PM
    • 15Posts
    • 2Thanks
    GTS15
    Who decides CCJ
    • #1
    • 12th Jul 18, 11:10 PM
    Who decides CCJ 12th Jul 18 at 11:10 PM
    Hi All


    As with most on here , had a awful time with debts. When my company collapsed my wife and I were left with huge debts , my debt was sorted through bankruptcy , however we tried to defend my wifes as believed had a good case. Any the case went to court and a CCJ was given for £55 and a nice 6k bill from solicitors on the other side. My wife earns £480 a month via a part time job. The solicitors are bullying her to offer a repayment plan of £1000 a month and wont listen to her budget.


    I thought the court decide the payment however nothing was said. Does she apply to the court ? Very confused
Page 1
    • sourcrates
    • By sourcrates 12th Jul 18, 11:24 PM
    • 15,247 Posts
    • 14,347 Thanks
    sourcrates
    • #2
    • 12th Jul 18, 11:24 PM
    • #2
    • 12th Jul 18, 11:24 PM
    Hi,

    Ignore the clown solicitor.

    Its a simple process to apply for an instalments order.

    You fill in court form N245, details here:

    https://www.gov.uk/government/publications/form-n245-application-for-suspension-of-a-warrant-and-or-variation-of-an-order
    Last edited by sourcrates; 12-07-2018 at 11:26 PM.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • MEM62
    • By MEM62 13th Jul 18, 10:58 AM
    • 1,720 Posts
    • 1,324 Thanks
    MEM62
    • #3
    • 13th Jul 18, 10:58 AM
    • #3
    • 13th Jul 18, 10:58 AM
    Any the case went to court and a CCJ was given for £55 and a nice 6k bill from solicitors on the other side.
    Originally posted by GTS15
    Did you know that you were risking a £6K legal bill to defend a £55 claim? I cannot remotely see the logic in this unless there were other factors at play.
    • mummyofboys1985
    • By mummyofboys1985 13th Jul 18, 12:25 PM
    • 81 Posts
    • 4 Thanks
    mummyofboys1985
    • #4
    • 13th Jul 18, 12:25 PM
    • #4
    • 13th Jul 18, 12:25 PM
    Do you mean £55,000?
    • jimbo26
    • By jimbo26 13th Jul 18, 12:31 PM
    • 474 Posts
    • 274 Thanks
    jimbo26
    • #5
    • 13th Jul 18, 12:31 PM
    • #5
    • 13th Jul 18, 12:31 PM
    Do you mean £55,000?
    Originally posted by mummyofboys1985
    I sincerely hope so. £6K to defend a 55 quid debt would be complete madness.

    In any case sourcrates advice is spot on. Just fill out the form and send it to the court.
    • Thrugelmir
    • By Thrugelmir 13th Jul 18, 12:35 PM
    • 59,781 Posts
    • 53,121 Thanks
    Thrugelmir
    • #6
    • 13th Jul 18, 12:35 PM
    • #6
    • 13th Jul 18, 12:35 PM
    Did you know that you were risking a £6K legal bill to defend a £55 claim? I cannot remotely see the logic in this unless there were other factors at play.
    Originally posted by MEM62
    Most likely costs were awarded against the OP.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • MEM62
    • By MEM62 13th Jul 18, 12:38 PM
    • 1,720 Posts
    • 1,324 Thanks
    MEM62
    • #7
    • 13th Jul 18, 12:38 PM
    • #7
    • 13th Jul 18, 12:38 PM
    Most likely costs were awarded against the OP.
    Originally posted by Thrugelmir
    I assumed that was the case but who would risk a big legal bill to defend a £55 case? Either the £55 figure is wrong or there is more to the story.
    • gtspeed
    • By gtspeed 13th Jul 18, 6:30 PM
    • 10 Posts
    • 8 Thanks
    gtspeed
    • #8
    • 13th Jul 18, 6:30 PM
    • #8
    • 13th Jul 18, 6:30 PM
    Opps sorry guys was late at night , the sum was £55k or £55,000
    • debt doctor
    • By debt doctor 13th Jul 18, 11:00 PM
    • 4,334 Posts
    • 6,004 Thanks
    debt doctor
    • #9
    • 13th Jul 18, 11:00 PM
    • #9
    • 13th Jul 18, 11:00 PM
    Certainly confuses me as under £10k claim is small claims court where each party pays their own costs unless in exceptional circumstances the judge awards different.
    I would like the explanation of why the court felt this case exeptional and to award such costs?
    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
    • debt doctor
    • By debt doctor 13th Jul 18, 11:02 PM
    • 4,334 Posts
    • 6,004 Thanks
    debt doctor
    Opps sorry guys was late at night , the sum was £55k or £55,000
    Originally posted by gtspeed
    How do you know?
    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
    • Thrugelmir
    • By Thrugelmir 13th Jul 18, 11:29 PM
    • 59,781 Posts
    • 53,121 Thanks
    Thrugelmir
    How do you know?
    DD
    Originally posted by debt doctor
    Has multiple accounts it seems.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • GTS15
    • By GTS15 14th Jul 18, 5:59 PM
    • 15 Posts
    • 2 Thanks
    GTS15
    I know because I was there and owned the company that fell. My wife was a guarantor on some of the company finance which was enforced. We tried to defend her and it went to court. The judge was very good with her but told her he has to abide by the law and the he can only put dismiss if could be defended and although reckless lending could be considered by the FSA it does not form a defence so had to award a CCJ. Have 14 days to pay which is out the question as my bankruptcy took everything.


    I don't have multi accounts just different questions but some people just like to stick the boot in instead of answering questions to people who need real advise and not hearsay or judgemental comments.


    I would ask for answers that help and it not able to answer keep your thoughts to yourself as silly comments don't help
    • Thrugelmir
    • By Thrugelmir 14th Jul 18, 6:42 PM
    • 59,781 Posts
    • 53,121 Thanks
    Thrugelmir
    Have 14 days to pay which is out the question as my bankruptcy took everything.

    Originally posted by GTS15
    Where are the assets that your wife had in order to be a guarantor for a £55k debt. (Asked rhetorically).
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • GTS15
    • By GTS15 14th Jul 18, 7:32 PM
    • 15 Posts
    • 2 Thanks
    GTS15
    No she had no assets , just a wage however Ratesetter made it very clear she had to sign the form also, I understand that I get what is coming as MD of the company which ultimatly made me bankrupt,however tried to defend Joanne even offered a good settlement from her parents but they just went at her to the point of bullying for full amount. In this proccess I have found that nice people get battered to a pulp for being honest. There seems no sense in what they are doing as will cost them money to chase something that can never be paid but they seem hell bent on destroying lives without any care.


    When the case was over I exspected that a figure would be set based on Joannes part time job income however nothing just pay in 14 days and here is a legal bill of 6k thank you very much on top of other charges and bill. My thought is sod it get her to go bankrupt pay £670 and that is it as don't want this hanging over our heads for years.
    • GTS15
    • By GTS15 15th Jul 18, 1:41 PM
    • 15 Posts
    • 2 Thanks
    GTS15
    And this helps how, I only have 1 account GTS15 as stated earlier if just a troll don't reply as the forum can do without this sort of thing
    • sourcrates
    • By sourcrates 15th Jul 18, 1:59 PM
    • 15,247 Posts
    • 14,347 Thanks
    sourcrates
    I answered your question in post #2#.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • bazzyb
    • By bazzyb 15th Jul 18, 2:07 PM
    • 1,213 Posts
    • 3,286 Thanks
    bazzyb
    I know because I was there and owned the company that fell.
    Originally posted by GTS15
    The question wasnít aimed at you, it was aimed at user gtspeed who seems to know about the amounts involved, but who you have stated isnít you.

    And this helps how, I only have 1 account GTS15 as stated earlier if just a troll don't reply as the forum can do without this sort of thing
    Originally posted by GTS15
    Nobody is trolling anybody but it is very confusing if you post from multiple accounts. If youíre not posting from multiple accounts then why muddy the waters by replying to a question aimed at a different user?
    • z1a
    • By z1a 15th Jul 18, 3:22 PM
    • 1,466 Posts
    • 1,411 Thanks
    z1a
    And this helps how, I only have 1 account GTS15 as stated earlier if just a troll don't reply as the forum can do without this sort of thing
    Originally posted by GTS15
    GTS15 & gtspeed = 2 accounts.
    • fatbelly
    • By fatbelly 15th Jul 18, 3:33 PM
    • 12,681 Posts
    • 9,755 Thanks
    fatbelly
    Hi GTS

    Is there any reason your wife could not go bankrupt? With 55k debt and earning £480 per month, it seems a no-brainer unless she has assets to protect.

    The fee is £680 btw
    • GTS15
    • By GTS15 15th Jul 18, 5:41 PM
    • 15 Posts
    • 2 Thanks
    GTS15
    amazing that when someone asks for help , a husband and wife on same thread the trolls come out with such small minded attitude of putting the boot in instead of helping, makes me wonder how these people function in society ...shame on you. Anyway let them sit in the ivory tower while I try and sort out a mess that is destroying lives and driving someone to suicide point so well done.


    So for those that are trying to help thank you and any guidance would be great as really cannot think straight. I have thought of bankruptcy for my wife however I find it a living hell as nobody wants to know you and can place the rented house at risk , void car insurance etc when you read the horror stories and I would not wish the extra pressure on her. I always thought that the court would decide a fair payment for a certain length of time and then that would be it , but trying to find out is like nailing custard to the ceiling
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