whats the worse that can happen

[boomer]

ok silly question. whats the worse that can happen if you have a ccj against you. if you dont own anything worth having and you never need to get credit will bailiffs eventually go away and state they cant get you to pay. then after 6 years the ccj is removed and you can start again.

[labman]

Re: whats the worse that can happen

The money can be deducted from your earnings or benefits for as long as is necessary to pay it off.

If no actioin is taken within 6 years, they can still go back to court and ask for permission to collect on it. This is granted, but only if they have a good reason for not having collected within the first six year period.

I guess depending on the size of the CCJ you could be bankrupted, but for many people I know this can actually bring huge relief and release from stress. The difficulty, believe it or not, is getting a creditor, once they realise you welcome the prospect of bankruptcy, to actually pay out money in order to help you, for which they get absolutely nothing in return.

[boomer]

Re: whats the worse that can happen

thankyou labman. glad i joined the forum now as this wasnt the advise i was told.

[CleverClogs]

Re: whats the worse that can happen

thankyou labman. glad i joined the forum now as this wasnt the advise i was told.

What were you told and where were you at the time?

[boomer]

Re: whats the worse that can happen

i was told that if you have no assets and the bailiffs come, if you ignore them 3 times they get fed up and go away. they can then try for up to a year after this they dont bother coming out again. ccj will stay on register for 6 years then wiped off. i was told this by another breeder ( not my friend valerie who has helped me), this was the breeder i first got my stud from as she was also having court problems last year.

[valeriej43]

Re: whats the worse that can happen

You could apply for a DRO [debt relief order] as long as your debt is no more than £5000 i think it is, and you have no assets , its a Government scheme and cheaper to apply for than bankruptcy
but there are conditions, look up at Directgov.co.uk

[dog after a bone]

Re: whats the worse that can happen

as long as you don't own your home ,even jointly,otherwise the creditirs can go for an interim charging order on the property.and you would'nt know about it untill after the order was granted!
then if it had gone to this stage and the charge registered with the land registry.depending on the restriction,you will not get out of the debt even in bankruptcy [from what i understand]
iam not legally trained,just pointing out options and possibilitys open to creditors] rich in hull

[boomer]

Re: whats the worse that can happen

thankyou. i dont own my own home i rent from a private landlord. no car but i may be classed as working as i receive a carers allowance for my disabled daughter. i dont have any savings but do have pedigree cats and new furniture.

[labman]

Re: whats the worse that can happen

as long as you don't own your home ,even jointly,otherwise the creditirs can go for an interim charging order on the property.and you would'nt know about it untill after the order was granted!
then if it had gone to this stage and the charge registered with the land registry.depending on the restriction,you will not get out of the debt even in bankruptcy [from what i understand]
iam not legally trained,just pointing out options and possibilitys open to creditors] rich in hull

Hi DAAB,

I'm not sure who told you this, but it is certainly not correct. In order to get a charging order, a CCJ has to be defaulted on, then the creditor takes you to court to get a Forthwith Order, this then gives them the go ahead to get the Charging Order.

Property is a very flexible issue in bankruptcy depending on a large range of things, property value vs mortgage, children - number and ages etc.... There is no hard and fast rule. Often it is possible for the property to be kept by transferring it into the other halves name.

There's actually three formal stages of insolvency, an IVA, a DRO and Bankruptcy. Prior to this most try informal debt solutions such as dmp's which are often all that is needed.

[CleverClogs]

Re: whats the worse that can happen

thankyou. i dont own my own home i rent from a private landlord. no car but i may be classed as working as i receive a carers allowance for my disabled daughter. i dont have any savings but do have pedigree cats and new furniture.

Furniture is usually more trouble than it's worth to a bailiff, as it rarely sells for enough even to pay their grossly inflated fees.

It is no longer possible for a bailiff to cart away your daughter and sell her to white slavers or the local glue works.

Your pedigree moggies might be valuable, but I'd doubt any bailiff would want to bother with them. KityyBeef - link - does not operate in the UK and, besides, they only sell farmed cat meat.

Just keep the buggers out!

[boomer]

Re: whats the worse that can happen

oh well, looks like im stuck with the kids then. glad nobody wants to eat my cats at least thats something less to worry about. thankyou.

[ploddertom]

Re: whats the worse that can happen

If you have a read of some of these it tells youu what options a Creditor may have to enforce a Judgment. Best way forward in my eyes is to have an instalment plan agreed by the Court and stick to it - these can be as low as £1 per month dependent on circumstances & finances.

EX320 - Registered Judgments - what does it mean
http://hmctsformfinder.justice.gov.u.../ex320-eng.pdf

EX321 - Have a Judgment - what to do
http://hmctsformfinder.justice.gov.u...ms/ex321_e.pdf

EX322 - Ask for Warrant of Execution
http://hmctsformfinder.justice.gov.u...ex322_1109.pdf

EX323 - Attachment of Earnings
http://hmctsformfinder.justice.gov.u...ex323_0405.pdf

EX324 - Order to obtain info
http://hmctsformfinder.justice.gov.u...ex324_0309.pdf

EX325 - 3rd Party Debt Order & Charging Orders
http://hmctsformfinder.justice.gov.u.../ex325-eng.pdf

EX326 - Cannot pay Judgment
http://hmctsformfinder.justice.gov.u...ms/ex326_e.pdf

EX340 - Want to Appeal
http://hmctsformfinder.justice.gov.u...ms/ex340_e.pdf

[boomer]

Re: whats the worse that can happen

thankyou. slight issue though i dont actually owe her any money. it was an agreed swap of cats. my cat she took has been healthy and free of vet bills for over a year. after 4 days of being with the new owner he was poorly due to a change of diet. if i make a payment plan then i am admitting i an guilty and owe her £2000. i dont even know where this amount has come from as ive seen the vet medical history which results to £22 for a vaccination, nothing else. the new owner also refused to bring the cat back to me for my vet to see him. he had a health check 4 months before she took him and he was very healthy.

[ploddertom]

Re: whats the worse that can happen

Did she claim for a sum of money or was it a non-money claim? What did the POC state?

[boomer]

Re: whats the worse that can happen

basically 4 days after she had my cat she told me she wanted to swap back. i agreed to the swap then she came back and said only if i pay her £20 petrol which i refused. she then went straight to MCOL and total claim £1500, for what i dont know as she wont say. i ignored this as she told me he was ok now. then i get a judgement by default which i then replied to northampton bulk centre with my N244 form to ask for judgement to be set aside. my form was backlogged when i got a warrant of execution letter. i gave my local court a copy of the N244 form and bailiffs showed up 7 days later. i asked for the court for an emergency hearing but they said it can take 2 weeks and until the hearing has gone ahead bailiffs are right to do a walking possession. i have no idea what this amount claimed is for. both vets spoke and i was told there was no problem just caused by a change of diet. im stuck on what to do. i would have thought she would have gave the cat back to me but she wont and only wants £1500 in full.