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Hello everyone,
I'm going to get to the issue at hand as i'm running out of time for a court appearance.
I had a CCJ registered against me back in August 2013 by default by Welcome finance (Creditor).
I had been and still are going through a very challenging period.
I was not able to defend or even fill in the paperwork because of hospital commitments at the time so the registration went ahead.
At the time i made up my mind to go the bankrupancy route but along the way i was advised against it if the end result was not going to improve the situation so i abandoned it.
I was issued with a warrant of execution and ordered to pay 12,868 pounds to welcome finance ( which was the amount that had been registered against me). i didn't take much notice of the amount as i had made up my mind to go bankrupt because my circumstanced had changed and didn't have any money to pay.
I was issued with an attachment of earnings form at my home and i filled them out and returned them to the court with an offer of £10 pounds per month.
No action came out of it!!.
I was a few months later( Feb 2014) summoned to appear in court to explain my finances( income and expenditure) to a court officer under oath, which i did and at the end of the meeting it was noted that i didn't have any money left so the officer asked if i had any offer to make. i said i had nothing to offer( as i was under oath) i could not offer anything due to the fact that we had just concluded the income and expenditure statement and their was nothing left to offer. i informed the officer that it would be unfair to offer one party at the expense of another as i had other creditors and it would be having to borrow from another source to meet the offer commitment( i realistically could not afford the arrangement).
So days later i received the order to pay the outstanding amount of £12,886 pounds and with the threat of sending bailliffs (the bailiff contact details were detailed in the court order..
I contacted the court bailiffs and informed them that i was intending to declare bankrupt( at the time) so they agreed and said that i should let them know when i had completed the process.
Four weeks later the bailiffs wrote to me advising me to resolve the issue asap.
I didn't reply as i had now changed my mind about the going bankrupt ( having been advised against it due to its adverse effects and also the reason for why i was going bankrupt would not enable it to be granted. they said mere going bankrupt for the seek of the debt was not a good reason and if it was already known that my situation would not improve even after bankrupancy then it was meaningless and other alternative had to be taken).
SO i didn't take any action.
Months passed then received letter dated June 2015 from creditor that due to some mistakes made as to how notices of sums in arrears were issued, as under the (CCA) regulations they were compensating me with a credit of £2721.89 pounds leaving the balance as £10164.pounds.
On August 2016 i received an order to attend court for questioning dated June 2016 stating that the court considered the application of the claimant( creditor) which shows that a judgement or order given on 30 September 2015 by the county court Business center in claim no XXXX ordered me to pay £10164 pounds.
My concern is the dates of the judgement are different and the amounts are also different now.
Can i request to have the CCJ be set aside as it has had changes as per the amount and date registered on my credit and public record.
Being in mind i'm still not in position to pay the CCJ as my circumstances have not improved since i last went to court.
Does it make any difference?
Please Advise!!!
Thank you
GM2226
I'm going to get to the issue at hand as i'm running out of time for a court appearance.
I had a CCJ registered against me back in August 2013 by default by Welcome finance (Creditor).
I had been and still are going through a very challenging period.
I was not able to defend or even fill in the paperwork because of hospital commitments at the time so the registration went ahead.
At the time i made up my mind to go the bankrupancy route but along the way i was advised against it if the end result was not going to improve the situation so i abandoned it.
I was issued with a warrant of execution and ordered to pay 12,868 pounds to welcome finance ( which was the amount that had been registered against me). i didn't take much notice of the amount as i had made up my mind to go bankrupt because my circumstanced had changed and didn't have any money to pay.
I was issued with an attachment of earnings form at my home and i filled them out and returned them to the court with an offer of £10 pounds per month.
No action came out of it!!.
I was a few months later( Feb 2014) summoned to appear in court to explain my finances( income and expenditure) to a court officer under oath, which i did and at the end of the meeting it was noted that i didn't have any money left so the officer asked if i had any offer to make. i said i had nothing to offer( as i was under oath) i could not offer anything due to the fact that we had just concluded the income and expenditure statement and their was nothing left to offer. i informed the officer that it would be unfair to offer one party at the expense of another as i had other creditors and it would be having to borrow from another source to meet the offer commitment( i realistically could not afford the arrangement).
So days later i received the order to pay the outstanding amount of £12,886 pounds and with the threat of sending bailliffs (the bailiff contact details were detailed in the court order..
I contacted the court bailiffs and informed them that i was intending to declare bankrupt( at the time) so they agreed and said that i should let them know when i had completed the process.
Four weeks later the bailiffs wrote to me advising me to resolve the issue asap.
I didn't reply as i had now changed my mind about the going bankrupt ( having been advised against it due to its adverse effects and also the reason for why i was going bankrupt would not enable it to be granted. they said mere going bankrupt for the seek of the debt was not a good reason and if it was already known that my situation would not improve even after bankrupancy then it was meaningless and other alternative had to be taken).
SO i didn't take any action.
Months passed then received letter dated June 2015 from creditor that due to some mistakes made as to how notices of sums in arrears were issued, as under the (CCA) regulations they were compensating me with a credit of £2721.89 pounds leaving the balance as £10164.pounds.
On August 2016 i received an order to attend court for questioning dated June 2016 stating that the court considered the application of the claimant( creditor) which shows that a judgement or order given on 30 September 2015 by the county court Business center in claim no XXXX ordered me to pay £10164 pounds.
My concern is the dates of the judgement are different and the amounts are also different now.
Can i request to have the CCJ be set aside as it has had changes as per the amount and date registered on my credit and public record.
Being in mind i'm still not in position to pay the CCJ as my circumstances have not improved since i last went to court.
Does it make any difference?
Please Advise!!!
Thank you
GM2226
