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    • organised criminal gangs pull all kinds of stunts......
    • It could work 2 ways it might make them decide to bail out and withdraw ilast minutef they can't counter it, or plod on and try to wing it on the day
    • Wont work I am afraid, at least not in itself. Broadly, a creditor can record a D on a re arranged debt under certain circumstances.   Yes I know, completely unfair, and needs challenging, in court desperately.   I would make your complaint, and when you get the final response go to the FCA ombudsman,   The number is freely available, you ring in the first instance and he will tell you what he needs.   Generally, if you make a fuss they eventually cave in to avoid court action, but it requires perseverance and can take a while.   I think i stated the situation elsewhere on this forum.   @ London. The Section 87 notice is a requirement of the CCA, and has nothing to do with data recording. Although you should check if a warning of filing the debt was issued 28 days before it was placed on the record.   @Andy A notice of correction is a mixed blessing to say the least. All they do is disrupt the initial search from a prospective lender, generally they do not proceed to to examining the account, if the search is "footprint free" the creditor cannot see it without registering the search. 
    • It's unlikely you will be able to stop them – but you should certainly be building up a paper trail of messages to Barclays informing them of their data breach and that they should stop. Do the emails give you any indication as to who the person is? Is there sufficient information for you to contact that person directly? Also I think I would contact the ICO   Incidentally, if you manage to reach Barclays about this then the best way to attract their attention is to tell them that this is the beginning of a formal complaint which you are taking to the financial ombudsman service. Tell them that you want a complaint reference number and they have eight weeks to respond before you go to the FOS. Tell them also that even if they put an end to the emails and address the problem, you still want to go to the FOS and to the ICO although you may be prepared to reconsider if they offer you reasonable compensation for the inconvenience to which you have been put. I suggest £50. Start the bidding at £75.
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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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