Expartner court summons

[Guest]

Hi there. I'm hoping someone could help with clarifying my situation and anything I might need to do to protect the kids and I. My ex moved out of the family home last year after a series of debts (credit cards and loans) were discovered in Dec 2018 and he was unable/unwilling to tackle the problem or do anything to reduce the debt.* We received what I believe is a court summons (which I've r.t.s'd) but am worried about the security of the home ( it's in joint names and both paying 50%) towards the mortgage.**
1. At what point would a company apply for bankrupty - do CCJ applications come first?
2. Where do bailiffs play a role in this? I have evidence of single occupancy but need to know at what point they might turn up and what to do.
3. Would the house be classed as a "family home" or an asset (as he's not living here) and would the difference be in the eyes of the court either in a ccj or bankruptcy situation?
4. Can I look at getting the house into my name asap (with his agreement)* or is that illegal?**

He is not responding to any communication from collection agencies or banks and I've only just started rts-ing post.*

Any advice would be much appreciated. There is so much advice for people going through the debt process but not much out there for those affected but not "in it" Thank you


*

[Moochiecoo]

Just posting - as I posted, then joined so I'm the OP. Just seen the forums and he's got moorecroft and Lowell's on his case.*

[ploddertom]

Moorcroft are toothless, Lowells on the other hand are quite Court happy.

1 Bankruptcy - they could do this at any time and don't need to wait for a CCJ to be awarded first.
2 Bailiffs - only get involved after a CCJ has been made against you, if the sum is over £600 it could be transferred to the High Court for Enforcement providing it is not a CCA Regulated Debt. Otherwise it could just be the County Court Bailiff. Their fees are added to the debt owing.
3 They could obtain a Charging Order but only for his half of the house if it is jointly owned. Doubtful an Order for Sale could be made if you are living there with children.
4 You could get him to sign it over but he may realise he loses his entitlement to a half share.

You both need to check your Credit Files in case any unpaid CCJs have been awarded against you. Do you know how much is owing.

[Moochiecoo]

Thank you so much PlodderTom for your response - much appreciated. The debts amount to £55k consisting of 5 credit cards and 1 loan.* So the pending ccj will be at county court. Can I assume the loan would be CCA regulated debt or would that be a different kettle of fish.?
Would a court just focus on the debt being addressed in the particular case or (if looking at his potential to repay) find out about the other debts....
I'm hoping an order of sale would be mitigated due to the children but I've read it only seems to be if you have adapted the house for a residents physical needs or have someone over 70 in the house then the order of sale can't happen. Are there any forums I could explore this with rather than taking up your time? Many thanks*

[ploddertom]

I would urge to maybe contact https://debtcamel.co.uk/ who should give you some good impartial advice. She also looks on some posts on here so may pop in Debt Camel

[Moochiecoo]

Thank you so* much - will check DebtCamel out x