How does it work?

[matt5983]

Sorry if this is in the wrong section, just trying to learn a few things.

 

So you have a debt, say a bank for example and you cannot pay. It then goes to a DCA either in house or not, they bully the life out of you but you still cannot pay.

 

They end up taking you to court to obtain for a CCJ, which for argument sake you get given.

 

However you still have no money to pay at all.

 

This is where i get confused, what happens if you cannot pay a CCJ, if a warrent of execution is served but you have no assets then what?

 

Have i got things in the right order?

[teaboy2]

The chances of a judge ordering a warrant of execution depends on the value of the debt, i.e. less then £1,000 they will probably not issue one. However it also depends on whether you keep to the repayments under the CCJ.

 

Now when issuing a CCJ the court will ask for an income and expenses disclosure from the debtor, so the judge can see what you can afford to pay each month, in a lot of cases, a judge will order the debtor to pay just £1 a month.

 

But to be honest the best thing to do is test the creditors legal rights to enforce any such debt prior to any court action, i.e. send the prove it letter, then CCA request, then SAR the original creditor. If the CCA is invalid, then the debt can not be enforced in court, and if the debtor was not served with a valid Default notice then the debt can not be enforced in court either until the invalid default notice is remedied. However the default notice can only be remedied by the original creditor, so if the creditor sold the debt to a DCA (Notice of Assignment needed) then the original creditor can not longer remedy the invalid default as the agreement between the creditor ceased to exist from the point the account was sold, and you simply can not remedy an agreement that does not exist. And if sold of the back of an invalid default then the creditor has committed an unlawful rescission of contract for which you can counter claim for damages of up to £1,000 if they were stupid enough to try and take the matter to court.

[matt5983]

ok thanks, reason i ask is i was made BR and due to my wifes mental health i have asked a bank to write off her debt of about 6k, they have medical evidence etc. However i just wanted to know what would happen if they said no.

[Undercover-Elsa]

Hi Matt,

I doubt very much whether it would ever get to that stage in your wife's circumstances. How it will progress will depend on the type and amount of the debt.

WOE's can only be issued for debts up to £5000. In Scotland the debt has to be between £600 and £5000.

There are restrictions in what bailiffs can take and do. They cannot force their way into your house. They cannot take essential household items or tools of the trade, and they cannot take anything not belonging to your wife, although they can take jointly owned items. If there's nothing to take there's not a lot they can do, and the Warrant expires after 12 months.

More details here...but frankly I don't think it will happen.

 

What type of debt is it...OD, loan, credit card? Roughly how much? Does your wife own or part own your home?

 

Check out the MALG guidelines on Mental health too before writing to the bank (I assume you've got your wife to sign a letter giving you permission to deal with her affairs?)

Depending how they've treated your wife so far, and how they respond from now on will determine how to proceed, be it by demanding proof of the debt as above or reclaiming charges/PPI, and whether you can raise valid complaints under various regulations.

Unfortunately "unlawful recission" or more correctly repudiation, is not considered viable at this point in time due to recent cases.

 

Kind regards,

 

Elsa x

[matt5983]

Hi Matt,

I doubt very much whether it would ever get to that stage in your wife's circumstances. How it will progress will depend on the type and amount of the debt.

WOE's can only be issued for debts up to £5000. In Scotland the debt has to be between £600 and £5000.

There are restrictions in what bailiffs can take and do. They cannot force their way into your house. They cannot take essential household items or tools of the trade, and they cannot take anything not belonging to your wife, although they can take jointly owned items. If there's nothing to take there's not a lot they can do, and the Warrant expires after 12 months.

More details here...but frankly I don't think it will happen.

 

What type of debt is it...OD, loan, credit card? Roughly how much? Does your wife own or part own your home?

 

Check out the MALG guidelines on Mental health too before writing to the bank (I assume you've got your wife to sign a letter giving you permission to deal with her affairs?)

Depending how they've treated your wife so far, and how they respond from now on will determine how to proceed, be it by demanding proof of the debt as above or reclaiming charges/PPI, and whether you can raise valid complaints under various regulations.

Unfortunately "unlawful recission" or more correctly repudiation, is not considered viable at this point in time due to recent cases.

 

Kind regards,

 

Elsa x

 

Hi Elsa

 

They had sent me a debt and health questionaire which was filled out by medical professionals and her care co-ordinator to which im still waiting for a reply. They know not to contact under any circumstances, however they did send her an enforment notice, i rang them and explained im waiting for a decision and the account is back on hold for 28 days, also got a letter of apology for them contacting/threating her.

 

Its for 2 OD's which were joint until my bankruptcy and a CC, in total of about 6.5k.

 

The OR in my bankruptcy has already determined we have no assets execpt the car which i was allowed to keep for appointments, work etc. However, thats mine and in my name.

 

I did think of getting a proof of ownership to the goods in our house in my name, i cant think of what its called but its a legal document saying that anything in our house is mine and not jointly owned

[Undercover-Elsa]

Hi Matt,

You'rve done all the right things so far...well done

 

OD's a tricky in terms of challenging them...have you done a CCA on the card...may be best to give them chance to "do the right thing" first though, so I'd hold on that as plan B.

 

The Statutory Declaration of Ownership, and other useful templates and info about bailiffs is here

 

Stick to your guns, and good luck with this...keep us informed, shout if you need anything and we'll help all we can.

 

Elsa x

[matt5983]

Hi Matt,

You'rve done all the right things so far...well done

 

OD's a tricky in terms of challenging them...have you done a CCA on the card...may be best to give them chance to "do the right thing" first though, so I'd hold on that as plan B.

 

The Statutory Declaration of Ownership, and other useful templates and info about bailiffs is here

 

Stick to your guns, and good luck with this...keep us informed, shout if you need anything and we'll help all we can.

 

Elsa x

 

Hi

 

Thanks, i've learnt so much from being on here and through and certin mr TINGY lol

 

The balls in the court at the moment, they have everything they need including written statements about the severity of her illness and what her long term employment options are which are none.

 

Using the MALG to deal with them and also the change in the lending code has made a huge difference when dealing with them, which makes a change.

The Statutory Declaration of Ownership, that was it, that the next thing, etc

 

Thanks Elsa