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CCJ against roofer but he has now declared bankrupt. What happens next?


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Hi

I'm posting this for a relative.

Short version:

Roofer didn't finish/even half complete job, cost my relative extra as negligence meant roof leaked and a ceiling had to be repaired as well as roof by another roofer. And put them in danger by taking the gas flue pipe thing. And one or two other things that cost more to fix.

 

Court awarded in my relative's favour.

 

Roofer refused to pay. CEO been to an address but 'nothing to seize'. (He's moved any assets to a storage unit).

 

He has very recently gone bankrupt (personal) and has told my relative he'll pay but only what he deems the fair amount (approx £800, while the court ordered £3000-odd).

 

There is already a new court date to return, and relative believes the court will order him to pay so much/month. Can anyone confirm this?

 

He says it's £800 or nothing as he'll have the CCJ wiped off at the end of the bankruptcy year. Is this true?

 

What happens now? Is there anything the courts/my relative do to get the money he owes?

 

Thanks in advance.

SAFU

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A CCJ (on its own)can be included in a bankruptcy as an unsecured debt, so your relative will join his other creditors, if he has already been declared bankrupt (& if he was a sole trader, and the CCJ wasn't against a limited company).

Things are different where a CCJ leads to e.g. a charging order over property before the person is made bankrupt, as secured debts aren't included in a bankruptcy (the secured creditors get paid first!, leaving unsecured creditors to share any remaining assets)

 

However, the bankrupt can't offer "£800 in settlement" ; it is no longer his £800 to offer. The Trustee in Bankruptcy (TiB) should deal with the creditors (including your relative).

If he is hiding assets or liabilities from the TiB, and gets found out, there is no guarantee he'll be released from bankruptcy after a year .....

 

If the roofer is offering a sum then he's either not declaring all his assets and liabilities to the TiB (and your relative should contact the TiB!), or he's saying he is bankrupt as a ruse : has the bankruptcy been formally declared / published in the London Gazette?

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Hi BazzaS. Thanks for replying. The roofer is listed on the Bankruptcy Register.

What could qualify a secured debt?

Interesting point about £800 not his to offer.

How do I find out who the TiB is? Do they investigate things like hidden assets?

Thanks.

 

If someone has a CCJ and "secures" it by obtaining a charging order over property before the judgment debtor becomes bankrupt : it qualifies as a secured debt. If the bankrupt took out a secured loan, (using their property or car as security), prior to the bankruptcy : that too would be a secured debt.

 

Can you find the bankruptcy order on the London Gazette? (They have a searchable index online). That will tell you who the Official Receiver is. You can deal with them, or they will tell you who the TiB is once one has been appointed.

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Thanks.

 

I can't find him in the Gazette but he is lost of the register and the following is the details of the office involved.:

 

Insolvency Service Contact Details

Insolvency Service Office Cambridge & Ipswich

Contact Enquiry Desk

Address PO Box 16653

Birmingham

United Kingdom

Post Code B2 2NG - Click Post Code for Map of Office

(The Insolvency Service is not responsible for the content of external sites.)

Telephone 01223 324480

 

 

Is this what you meant by OR?

SAFU

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Thanks.

 

I can't find him in the Gazette but he is lost of the register and the following is the details of the office involved.:

 

Insolvency Service Contact Details

Insolvency Service Office Cambridge & Ipswich

Contact Enquiry Desk

Address PO Box 16653

Birmingham

United Kingdom

Post Code B2 2NG - Click Post Code for Map of Office

(The Insolvency Service is not responsible for the content of external sites.)

Telephone 01223 324480

 

 

Is this what you meant by OR?

 

Yes, although that PO Box is an office in Birmingham, and that telephone number is for the Cambridge office (rather than Ipswich, since it says "Cambridge & Ipswich" in your post).

 

https://www.insolvencydirect.bis.gov.uk/rebrandedorsearch/

 

 

It may not yet have been published in the London Gazette, does it show on the individual insolvency register?

https://www.insolvencydirect.bis.gov.uk/eiir/

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