CCJ's Help please

[sully123]

Hi all, I/we are over £125K in debt, some is from shortfall of house repossession and secured loan.

 

Questions I have are.

 

1/ If I don't go Bankrupt, Can our creditors then acquire CCJ's against me/us?

 

2/Can they then get Bailiffs to make us pay?

 

 

As at the moment we have no excess money as I am unemployed, and we really need to get things moving in the New Year.

 

We believe Bankruptcy is our way forward, But it will cost us £750 to do. so I am just a little worried about us not been able to pay anything at the moment to creditors, and thus they start legal action and obtain CCJ's

[MandM]

Hi Sully,

 

1/ If I don't go Bankrupt, Can our creditors then acquire CCJ's against me/us?

In short yes! However, as you are unemployed it;s unlikely they'd gain anything out of it. Have you approached your creditors about putting things on hold and making token payments of say £1 until your circumstances change? Are the debts in one or more names? Are these possibly old agreements that they may find difficult to enforce?

 

A few CCJs (if it comes to that) wouldn't be the end of the world if your credit file is already trashed!

 

2/Can they then get Bailiffs to make us pay?

You would really have to defy the court for this to happen. And if you have arrangements agreed with the court and stick to them you should be just fine - even if that arrangement IS £1/month. It's agreed between you and the court and based on what you can afford to pay.

 

Do you still own a home? How old is the mortgage shortfall issue?

 

Try and post some more info up - maybe a summary of what is what and then look at starting some indidual threads for each of the issues.

 

M

[PriorityOne]

If you've already been repossessed, then your credit file will already be trashed... and having CCJs on there won't make any difference to that for the next 6 years.

 

If you're able to list all companies that you currently owe, including the outstanding amounts and how much you're currently paying, this would help us to see the bigger picture.

 

[sully123]

Hi Sully,

 

In short yes! However, as you are unemployed it;s unlikely they'd gain anything out of it. Have you approached your creditors about putting things on hold and making token payments of say £1 until your circumstances change? Are the debts in one or more names? Are these possibly old agreements that they may find difficult to enforce?

 

Not approached all creditors

 

Yes the debts are in both names Man and Wife

 

Yes some are old amounts from maybe 4 or 5 years ago

 

 

A few CCJs (if it comes to that) wouldn't be the end of the world if your credit file is already trashed!

 

You would really have to defy the court for this to happen. And if you have arrangements agreed with the court and stick to them you should be just fine - even if that arrangement IS £1/month. It's agreed between you and the court and based on what you can afford to pay.

 

Do you still own a home? How old is the mortgage shortfall issue?

 

No we don't own anything now, we rent from council

 

Shortfall was from possession this April, house sold in June

 

Amount shortfall is £49K

 

Try and post some more info up - maybe a summary of what is what and then look at starting some indidual threads for each of the issues.

 

M

 

Not sure we could even afford the token payments on all of the debts

 

 

 

If you've already been repossessed, then your credit file will already be trashed... and having CCJs on there won't make any difference to that for the next 6 years.

 

If you're able to list all companies that you currently owe, including the outstanding amounts and how much you're currently paying, this would help us to see the bigger picture.

 

 

Well a list I do have, I actually started looking for all our debt after the house was repossessed. Found Loads

 

We have a total 41 debts some to the same company, EG (Three network-Hutchinson 3g) Book clubs, Npower Gas and Electric. ETC

 

 

GE money is £49K

 

Welcome Finance £26K (Estimate)

 

London & Scottish £19K

 

I am due a tax rebate in April, which would be just enough to make us both Bankrupt, But I would really love to use some of it for some 2nd hand furniture and school stuff for the kids.

 

But the debts are priority to get sorted as I/we don't really want to have Bailiffs knocking the door throughout the year

 

Will be checking back tomorrow day time.

 

Thanks for advice so far

 

I have used freecycle,(very good it is)

[sully123]

Bump, Any Ideas as to what we should do please

[MandM]

Hi Sully,

 

Well that's quite an bundle you have! The way the I & E works is you work out what's coming in against your normal (priority) goings out. this will include (but not limited to) rent, food, rates, utility bills, clothing, travel, kids needs, existing court orders/payments [i'm sure others will add more].

 

Then, what's left is split up pro rata amongst your debtors based on what you owe them, whether it's a hundred pounds or ten pounds - that's all you can afford to offer them. IF (and only IF) you go to court at any stage AND you've done this and can present it to the judge, this is what he will base your repayments on.

 

It's a huge amount of initial work that you're taking on. I know, as we did it almost a year ago. But most creditors have accepted, only one went for court action and I believe they only did this because they know I own my home.

 

Also, I assume you have a lot of little debts amongst this lot - some of those, if asked, may consider writing them off.

 

I take it that you've read through the template letters in the Cag library, and here's some more for you;

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

I like the I&E form on the National Debtline site (google) although I think with this number of issues you will need to work that bit out on a seperate page as i think it only takes a dozen or so. They can't get blood out of a stone! Use the letters to push for getting interest frozen, debts written off etc. In the meantime, particularly on the larger and older ones send off the CCA request letters.

 

M

[sully123]

Thanks for your reply MandM, We have already done the I & E sheet, and we have an excess of around £8 per week.

 

Other problem is as you say we have many small debts.

 

I have names of who they were once with, As some were with collection agency's, I would presume they have gone back to original creditors.

 

Also some are more than a few years old,Is it best to just send all the first step of letters to the original creditors

 

Also I guess for the much smaller amounts such as under £50 or £100, It would be best to ask them to write the debt off.

[MandM]

Thanks for your reply MandM, We have already done the I & E sheet, and we have an excess of around £8 per week.

 

Other problem is as you say we have many small debts.

 

I have names of who they were once with, As some were with collection agency's, I would presume they have gone back to original creditors.

 

Also some are more than a few years old,Is it best to just send all the first step of letters to the original creditors

 

Also I guess for the much smaller amounts such as under £50 or £100, It would be best to ask them to write the debt off.

 

If you're going to do this as a global thing and get it out of the way once and for all, then yes. Follow straight up on the smaller ones with the 'write off' letter and 'at this moment I can afford to pay you nothing' letters.

 

Make it clear to the smaller ones (and some of the bigger ones if you're feeling bullish) that they're wasting their time chasing thin air.

 

Try not to talk to these people. Is your bank account with any of them? Or related to any of them? If so, move to a parachute account pronto.

 

You could send the letter requesting that all activity ceases for 30 days whilst you assess your situation. This will give you an opportunity to evaluate their replies.

 

M

Edited December 29, 2009 by MandM
typo

[PriorityOne]

Thanks for your reply MandM, We have already done the I & E sheet, and we have an excess of around £8 per week.

 

Other problem is as you say we have many small debts.

 

I have names of who they were once with, As some were with collection agency's, I would presume they have gone back to original creditors.

 

Also some are more than a few years old,Is it best to just send all the first step of letters to the original creditors

 

Also I guess for the much smaller amounts such as under £50 or £100, It would be best to ask them to write the debt off.

 

I'm a bit confused by this post. You say you have the names of who the debts were once with.... are you saying that all's gone quiet and you're thinking of contacting them yourself? How old are these debts, what were they for and when was the last payment made towards them?

[PriorityOne]

 

Well a list I do have, I actually started looking for all our debt after the house was repossessed. Found Loads If no-one is currently chasing you for payment on these account... leave them alone unless you know that there are CCjs (County Court Judgements) on them.

 

We have a total 41 debts some to the same company, EG (Three network-Hutchinson 3g) Book clubs, Npower Gas and Electric. ETC Are these companies currently chasing you for payment or not? Are there any CCJs on these as well?

 

GE money is £49K Is this a card/loan? Is this the amount you orginally borrowed or is this the figure that someone at GE has given you?

 

Welcome Finance £26K (Estimate)

 

London & Scottish £19K Once again, what kind of debt is this?

 

I am due a tax rebate in April, which would be just enough to make us both Bankrupt, But I would really love to use some of it for some 2nd hand furniture and school stuff for the kids.

 

But the debts are priority to get sorted as I/we don't really want to have Bailiffs knocking the door throughout the year Bailiffs only come into play once you've defaulted on a CCJ; which is why I've asked about them. Debt collectors are not bailiffs and have no legal rights at all.... so it's important for you to distinguish between the two. Have you had bailiffs at the door? Debt collectors?

 

Will be checking back tomorrow day time.

 

Thanks for advice so far

 

I have used freecycle,(very good it is)

 

We will try and work through this....

[MandM]

We will try and work through this....

 

:D:D Agree totally. I see no need why you need to even consider bankruptcy. They have nothing to gain.

 

M

[sully123]

Thanks for your reply MandM, We have already done the I & E sheet, and we have an excess of around £8 per week.

 

Other problem is as you say we have many small debts.

 

I have names of who they were once with, As some were with collection agency's, I would presume they have gone back to original creditors.

 

Also some are more than a few years old,Is it best to just send all the first step of letters to the original creditors

 

Also I guess for the much smaller amounts such as under £50 or £100, It would be best to ask them to write the debt off.

 

I'm a bit confused by this post. You say you have the names of who the debts were once with....

 

Yes I Do

 

 

are you saying that all's gone quiet and you're thinking of contacting them yourself?

 

 

That's I what I thought would be best, To be Honest

 

How old are these debts, what were they for and when was the last payment made towards them?

 

Some are very old, lots of Various(I can post up amounts and companys if you want without ref numbers)

 

Last Payments at a guess well over 18mths ago

 

 

 

Very sorry for such a late reply, been very busy reading all info on things, Brain in over drive.

[sully123]

Well a list I do have, I actually started looking for all our debt after the house was repossessed. Found Loads If no-one is currently chasing you for payment on these account... leave them alone unless you know that there are CCjs (County Court Judgements) on them.

 

I Believe i have one of them as a CCJ, as a Bailiff attended our house the day was been repossessed, He said he would send it back as no-one lives there now.

 

 

We have a total 41 debts some to the same company, EG (Three network-Hutchinson 3g) Book clubs, Npower Gas and Electric. ETC Are these companies currently chasing you for payment or not? Are there any CCJs on these as well?

 

 

At the moment no company's chasing for the debts

 

 

 

GE money is £49K Is this a card/loan? Is this the amount you originally borrowed or is this the figure that someone at GE has given you?

 

This is the amount of shortfall from the Mortgage,We have just had a letter about this.

 

 

 

Welcome Finance £26K (Estimate) This is actually £29K+

 

London & Scottish £19K Once again, what kind of debt is this?

 

This was from a secured Loan on the repossessed house, They have had an I&E sheet from us, with no Further correspondence

 

 

I am due a tax rebate in April, which would be just enough to make us both Bankrupt, But I would really love to use some of it for some 2nd hand furniture and school stuff for the kids.

 

But the debts are priority to get sorted as I/we don't really want to have Bailiffs knocking the door throughout the year Bailiffs only come into play once you've defaulted on a CCJ; which is why I've asked about them. Debt collectors are not bailiffs and have no legal rights at all.... so it's important for you to distinguish between the two. Have you had bailiffs at the door? Debt collectors?

 

 

No Bailiffs as of yet, No debt collectors as of yet, Except a letter from Alpins for the GE Money one

[sully123]

We will try and work through this....

 

:D:D Agree totally. I see no need why you need to even consider bankruptcy. They have nothing to gain.

 

M

 

I thank you both for your help so far.

 

will check back a bit more regular now, If you need anything to advise further please let me know.

[sully123]

Also a letter from BuchananClark & Wells, This is regards a utility bill.

 

I sent them this email on the 27/12/09, with no reply as yet

 

 

Der Sir/Madam

 

Your letter dated the 16th of December. FINAL NOTICE

 

I am currently trying to resolve issues with the amount of debt that i owe.

 

Our house was repossessed in April of this year, I also lost my Job in April of this year.

 

We was then currently homeless until the council housed us in September this year.

 

We are now in the process of getting all our debt in order.

 

I request that you do not start Legal proceedings against me and hold all interest and costs please.

 

I have enclosed a current income and expenditure sheet.

 

I look forward to your reply

 

Kind Regards

Edited January 5, 2010 by sully123
Name left up

[MandM]

Hi Sully,

 

It seems you're putting things in priority order now.

 

Yes - list up what you've got. With some of the bigger ones and important ones it may be worth putting those into new threads so things don't get too confused. If you do then post a link back into this thread so PriorityOne and others can find it OK.

 

The bigger issues (from what you're putting above you can see where they are) you need to post up as much info as possible.

 

Also, you mention a visit from bailiff for a ccj. Do you know anymore about that? Don't want it to pop up and bite you.

 

M

[MandM]

 

M

Edited January 6, 2010 by MandM
done

[fdpm]

Hi Sully and welcome to Cag- and don't worry... when I started on my trail last year I was over 100k in debt and really thought I was going to lose everything and was so scared of it all but with the help of people on here I have become stronger and more knowledgable.

 

If you are being hassled by telephone just refuse to play - when they ask you to confirm your name and date of birth - refuse to give them the info and they will go away...

 

Find copies of the letters in the templates and send them if you want but to be honest, my partner and I decided to ignore all correspondence and so far have only been to court with one of them and won and we're currently fighting one other but one of our cards wrote to say it was written off and the others have all gone quiet...

 

At the end of the day it is up to you how to deal with it all but read as much as you can on here and ask as many questions as you need.

 

Also, try to remember to not disclose your identity... sometimes the enemy take a peek on here!

 

Good luck.

[sully123]

Thanks for the Nod about the Name M&M

 

Well here we go

Edited January 6, 2010 by sully123
Try the table again

[sully123]

Cannot input table

Edited January 6, 2010 by sully123

[sully123]

For some reason I cannot paste a table on here, will now do this tomorrow, as I have spent over an hour inputting and trying to place here

[sully123]

Company----- D.C.A---- Amount---- Last Letter

 

1/ Bulldog Broadband---- Moorcroft---- £1235.52---- 08/06

 

2/ Aktiv Kapital First Investment---- BuchananClark & wells----- £2125.85---- 04/05

 

3/ Aktiv Kapital First Investment---- Horwich Farrelly---- £2953.88---- 09/05

 

4/ Shopacheck---- UK Default Recovery---- £666.43---- 08/07

 

5/ Mystery &Thriller Book Club---- Scot Call Collecting---- £96.11---- 04/07

 

6/ World Books---- ??????---- £58.39---- 04/07

 

 

 

Plenty more to come, the 2 Aktiv Capital were with a different company originally I am sure I paid £5 to one or the other when it was with robinson way. It was with Time computers back in 1998

 

 

Hope that can be understood.

 

 

Are we sure I/we wont need to go bankrupt?

Edited January 6, 2010 by sully123

[sully123]

Company----- D.C.A---- Amount---- Last Letter

 

 

7/ Provident Personal Credit---Nelson Guest & Partners----£55---07/07

 

8/ Vanquis bank Ltd----Moorcroft----£349.89----09/07

 

9/ British Telecom----Robinson Way----£405.08----03/6

 

10/ Hutchinson 3G UK Ltd----Nelson Guest---£335.85----12/06

 

11/ Cards for all Occasions---Scot Call----£19.48----12/06

 

12/ GUS Home shopping---Asset Collections---£153.23---as post marked ???

 

13/Dunraven Finance/Buy as u View---- Themselves---£1728.20---12/05

 

14/ Hutchinson 3G----EOS Solutions---£141.11---11/07

 

15/ Toucan residential----Scot Call----£888.71---12/06

 

16/ Hutchinson 3G---Logic Group PLC---£295.16---09/06

 

17/ Greenwood Personal Credit---Nelson Guest---£134---01/08

[sully123]

Company----- D.C.A---- Amount---- Last Letter

 

 

18/ Provident----Westcot Credit services---£135----06/08

 

19/ Pounds Till Payday---Clarity----£456-----01/08

 

20/ Park fast Cash----HillyermcKeown----£603.09----06.08

 

21/ Npower----Westcot Credit-----£1191.98-----05/08

 

22/ Npower Ltd-----Credit Security Ltd----£49.70----05/08

[sleepingdog]

Hi sully , your debts to Nelson Guest are probably with moorcroft as I think Nelson Guest are a solicitors whose letter headed paper Moorcroft use ,also many creditors use a merry go round of DCAs to try and collect debts so even though these DCAs have sent you letters does not mean that they own the debt now just that the they may have been asked to collect the debt at the last point of contact.

sleepingdog