N24 Judgement or Order

**nemesis45** · 10th March 2016, 13:54:PM

Re: N24 Judgement or Order

Originally posted by unhappyskintmummy View Post

I was a home owner and married 9 years ago. The marriage broke down my I had my home voluntary repossessed and it sold for a lot less than what the mortgage was for ( there was writing all over the wall windows put through etc) I believe my ex was responsible but can't prove it. We has a few joint loans on top of the mortgage etc also. When the divorce finally went through my ex declared himself bankrupt and now everyone is chasing me for money. Around £70'000 in total ( I am in talks with my 2 biggest creditors)
One of the debts has been sold to Mortimer Clarke Solicitors who are chasing for around £12'000. I dont know what this debt is for. I haven't had any contact with them before February this year when I received a court letter with attachment of earnings (granted I have moved about a bit and they may have sent things to another house but I can't be sure of that.
Apparently I haven't paid anything from the CCJ that I didn't know I had. I immediately filled out the attachment of earnings and returned it to court. Yesterday I received an N24 Judgement or Order letter from my local court saying that a hearing had been scheduled for 27th of April. I called the court to confirm if I had to attend and also why they haven't accepted my offer of repayment. Apparently it's because I am not left with enough money each month after I pay what I am offering.
What does this mean? Can they lock me up? Can they send the balifs round? What happens from here?
I am a single mum to a 4 year old and I am frightened. I have never had to go to court before.
Please can someone help

Good afternoon, welcome t LB,

Mortimer Clarke is an in house solicitors for the debt purchaser group called Cabot Credit management and as such does not" own " your debt.

When was the CCJ obtained on this debt? Could it be mortgage shortfall? Is it Cabot that has the CCJ?

Are you employed?

I can see the point that you would be unable to sustain a payment plan on an offer that you cannot reasonably afford, I would recommend doing a comprehensive income and expenditure statement ( no doubt a judge would want to see one).

As to bailiff action the claimant would have to apply for a warrant, but given the size of the debt is it likely you have sufficient realisable assets to meet the debt?

Please don't stress over " being locked up" debt is a civil not a criminal matter in the UK.

Sorry for all the questions but we need a full picture of the debt.

nem

**unhappyskintmummy** · 10th March 2016, 14:17:PM

Re: N24 Judgement or Order

Originally posted by nemesis45 View Post

Good afternoon, welcome t LB,

Mortimer Clarke is an in house solicitors for the debt purchaser group called Cabot Credit management and as such does not" own " your debt.

When was the CCJ obtained on this debt? Could it be mortgage shortfall? Is it Cabot that has the CCJ?

Are you employed?

I can see the point that you would be unable to sustain a payment plan on an offer that you cannot reasonably afford, I would recommend doing a comprehensive income and expenditure statement ( no doubt a judge would want to see one).

As to bailiff action the claimant would have to apply for a warrant, but given the size of the debt is it likely you have sufficient realisable assets to meet the debt?

Please don't stress over " being locked up" debt is a civil not a criminal matter in the UK.

Sorry for all the questions but we need a full picture of the debt.

nem

Thank you so much for replying. I don't know who the original debt was with. I also wasn't aware I had a CCJ. It's not my mortgage shortfall as I am in talks with them.
I certainly do not own anything of worth. I have a clapped out car, I am in social housing.
I work full time and earn an ok wage but with the cost of childcare, rent and bills I am left with a few pounds each month if I am lucky. without a substantial lottery win I will never be able to pay back £70'000. I am more angry at the fact this has occurred since my ex has declared himself bankrupt (his mummy paid for him to go bankrupt)

I am worried about what the judge will do/say. I want to go to court but certainly can not afford any kind of legal repersentation

- - - Updated - - -

Also I have filled out income and expenditure...that is how the judge has deemed that I can not afford to make the repayments I have offered.

**wales01man** · 10th March 2016, 17:23:PM

Re: N24 Judgement or Order

Appears the Judge is on your side here you will ,only be paying what you can afford probably no more than a fiver a month you will not get bailiffs calling and you will not go to prison.
DO NOT worry for one minute about this your 4 year old matters more look after both of you first second and last

**Amethyst** · 10th March 2016, 17:32:PM

Re: N24 Judgement or Order

Hiya xx

These Debt's could be in your ex husbands name, or joint names and you have no idea what this CCJ is for. You shouldn't be making yourself go short each month to pay a debt that you don't even know what it is. It is good that the court have ordered a hearing if you offered too much. It doesn't sound like you have any assets to speak of or any way of paying these debts off.
The court won't order you pay more than you can afford. Is the hearing for questionning for statement of means? ( could you type out the letter that says about the hearing ? - if it mentions prison then its likely means questionning )

You COULD look at applying to have the CCJ set aside, finding out what it is and defending it, but I think it maybe doesn't matter much to your about your credit file or having the CCJ, and they can't get anything from you that you don't have.

Just tagging [MENTION=48934]Debt Camel[/MENTION]; ref the idea of bankruptcy, there must be some way around that. - Mortgage shortfall, secured debts, repo'd house and joint debtor bankrupt ?...

**unhappyskintmummy** · 10th March 2016, 17:47:PM

Re: N24 Judgement or Order

Originally posted by Amethyst View Post

Hiya xx

These Debt's could be in your ex husbands name, or joint names and you have no idea what this CCJ is for. You shouldn't be making yourself go short each month to pay a debt that you don't even know what it is. It is good that the court have ordered a hearing if you offered too much. It doesn't sound like you have any assets to speak of or any way of paying these debts off.
The court won't order you pay more than you can afford. Is the hearing for questionning for statement of means? ( could you type out the letter that says about the hearing ? - if it mentions prison then its likely means questionning )

You COULD look at applying to have the CCJ set aside, finding out what it is and defending it, but I think it maybe doesn't matter much to your about your credit file or having the CCJ, and they can't get anything from you that you don't have.

Just tagging [MENTION=48934]Debt Camel[/MENTION]; ref the idea of bankruptcy, there must be some way around that. - Mortgage shortfall, secured debts, repo'd house and joint debtor bankrupt ?...

Thank you all so much for your advice. I guess I am just panicing. I have never been in any trouble before and tried to do things the right way.

The letter says:
Before deputy district judge mcginty sitting at county court wakefield
Upon reading a letter from the defendent (this must be my income and expenditureas thats the only correspondence i have had with the court)
It is ordered that the case be listed for hearing 27th of april etc etc.

I called the court manger and she looked at the notes and said the reason why it has been scheduled for a hearing is because the offer amount i gave is too much for me to afford every month.

My other concern is if I pay this debt off monthly what are my other 2 biggest creditors going to do. They basically contact me every 6 months for an update on my income and once they realise nothing has changed they leave me alone for another 6 months. Will they take me to court to make me pay them monthly too?
Just seems never ending

**Debt Camel** · 10th March 2016, 19:05:PM

Re: N24 Judgement or Order

Just tagging @Debt Camel; ref the idea of bankruptcy, there must be some way around that. - Mortgage shortfall, secured debts, repo'd house and joint debtor bankrupt ?...

Bankruptcy is the simple solution to this sort of thing. You can fight / negotiate with the individual creditors, but when there are a lot of them there is a lot to be said for binning the lot and having a fresh start. Your ex's mum did him a big favour paying his bankruptcy fees.

The fees are absurdly high - they are dropping very slightly next month to "only" £655 - there is a list of ideas here http://debtcamel.co.uk/help-with-bankruptcy-fees/ for ways to get these fees together. Your local CAB may be able to help you apply for a grant to cover this.

**unhappyskintmummy** · 10th March 2016, 19:40:PM

Re: N24 Judgement or Order

Cab werent very helpful I will be honest although did suggest bankrupcy.
I can't thank you all enough for your advice. I am going to go to court and take my wage slips and proof of outgoings and see what the judge says. They cant have what I havent got.
In the meantime I will see if I can claim ppi although I have no details of previous loans etc. When my marriage brokedown I left with the clothes on my back and nothing else.
Thank you all again.

**Debt Camel** · 11th March 2016, 13:24:PM

Re: N24 Judgement or Order

If the loans were from banks, most have set up an easy reclaim helplines where they will locate your account numbers and find out if you paid any PPI : http://www.moneysavingexpert.com/new...getting-easier

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