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very old B+B mortgage shortfall CCJ - order to attend court - help!


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Thanks for replying unclebulgaria........I was talking to someone earlier this week and they said B&B could make me bankrupt, could they do this? I wouldn't be that bothered if they did as it was a route I was seriously thinking about.

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If you were made bankrupt costing them £3k + to do that, what would they gain as a result ?

 

And your other creditors would want their share of any money released through bankruptcy.

 

Seems a bit unlikely

We could do with some help from you.

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  • 1 month later...

hi

just thought i would update you on the outcome of the financial court hearing we had in august.

 

b&b have declined our offer of £20 per month.

 

letter asked me to ring them so i did

girl i spoke to had no idea what she was doing.

told me it was in the hands of drydens solicitors

i was been taken to court for financial hearing and to do an i&e form and to see a judge.

 

told her i had just been to court and they had not accepted my offer.

told her i had had enough.

couldnt take them hounding me anymore and i got upset over the phone.

she asked if i was ok then said i can hear your upset so i'll make some calls and get back to you.

 

what can they do next?

 

can they take us back to court to get aoe on my ex?

 

i dont know what to do,

thanks in advance.

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Hi there, is this a mortgage or loan or credit card?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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OK, just seen the rest of the thread..........

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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It's very hard at the moment to keep my sanity,

 

they have hounded me for 20+'years for this shortfall.

 

I've even resorted to try claim back PPI from some old loans to maybe pay them and get them off my back

 

. Thanks for replying.

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Not sure how many more times we have to tell you to stop ringing them!!!

 

Never talk on the phone about your debts..writing only!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It's very hard at the moment to keep my sanity,

 

they have hounded me for 20+'years for this shortfall.

 

I've even resorted to try claim back PPI from some old loans to maybe pay them and get them off my back

 

. Thanks for replying.

 

Well they have had a payment offer and if they don't want it then tough on them. Not much they can do. Perhaps they might realise now that should just write the debt off.

We could do with some help from you.

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Dx100,,,,,,,,

I rang them because I was worried.

 

I just keep sitting and waiting for the next letter or court date.

 

What do I do?

 

I wanted to know why they had not accepted my offer of payment that all.

 

Sorry but I have had enough.

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Well ringing makes it worse

Letters only

Stop putting your head in their mouth yourself

Don't ring again

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Once the creditor has got all your financial details, they can decide what further action to take against you. If you've got no way of paying, they may not take any further action against you.

 

However, if you have money to pay off your debts, or assets, such as home that could be sold, they can choose to take a number of options to recover their money. This is called enforcement action.

 

Your creditor will need another court order to take enforcement action. They may be able to get an order to:

 

send bailiffs to your home to take your things away

have money taken from your wages to pay the debt. This is called an attachment of earnings order

take money that you are owed by someone else from your bank account. This is called a third party debt order

secure the debt against your home or other property you own. This is called a charging order and means that you could lose your home if you don't keep up the repayments.

 

Regards

 

Andy

We could do with some help from you.

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Andyorch.......

I was at court 5 weeks ago they have all my financial details.

I filled out the courts income and expenditure form and listed everything in my home.

They also asked for my car details, my car is an old Focus and there welcome to it.

 

 

I live in a council house, I don't have stocks, shares, other money.

Nobody owes me money. I

f they go for an AOE I will give up my job and never work again as I ain't paying these robbers.

I will definitely borrow the money and declare bankruptcy.

I can't give them what I haven't got.

 

 

I will sit and wait,

I rang them as they asked me to do but will not ring them again.

Thanks for all the info.

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If you give up a job, you are then unable to claim any benefits for quite a long period, which will make your situation even worse.

 

As i said earlier in this thread. The regular amount you could afford to pay was worked out at the court, so in my opinion they either accept that amount or they write the debt off. I cannot see the point in an attachment to earnings as they would have to make the application, pay a court fee and then still be left with only the same amount per month. And if you moved jobs, it is the hassle of having it set up again.

 

If they continue to hassle you, perhaps you should ask your local MP to intervene by writing on your behalf.

We could do with some help from you.

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Unclebulgaria.....thanks for replying. It's just the thought of enforcement angents coming that upsets me. .....I'm sure we've all seen " Can't pay we"lol take it away" .....those guys are brutal.

I'm suffering with depression as it is and my anxiety is through the roof at the minute.

I'll just sit and wait.

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Wait for their next move...as soon as you receive anything from the court..post here and we will advise on how to counter it.....in the meantime try to put this to the back of your mind...there is nothing happening

We could do with some help from you.

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Without being harsh, and people have said, dont worry.

 

You havent got a pot to pee in so they cant send the bailiffs (They can, but you haven't got anything)

They wont take £1000 of stuff and then say you are still left to pay xyz.

 

You have been to court for a hearing and the courts have offer £10 a month from each.

I BELIEVE the court has to award the AOE how can they take more than £10 that you have already offered?

In the first instance, the court, IMO, would ask you to pay the £10 a month and if you didnt pay, the AOE.

 

While the figure is alot, it might as well be £1,000,000 because at this moment in time, you haven't go the money so if its not there, they simply cant have it.

 

I know its easy for us to say, but it is true :)

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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The court lady actually asked us to offer £5 month each but we said £10 each, she was abit shocked that we offered double.

 

Does anybody actually know what happens after you have been to court for an financial hearing,

does the information you have submitted go before a judge

and he says yes or no to the amount offered

or does the information go straight to Bradford and Bingley and they decide ? ..

 

 

.it's so confusing.

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the judge decides

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the judge decides

 

You have been to an oral examination as to your means (or whatever it is called now) the court official (not a judge) has asked the questions submitted by the creditor. That information is forwarded to the creditor and they decide on any, or none, further enforcement action. It wont been seen by a judge.

 

When I was made to attend one (many years ago) it was actually a benefit because I heard nothing ever after from the creditor as it was clear I didn't have anything and it was pointless spending more money pursuing it.

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That's good to know Mercyblue, thanks for posting the information.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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