Stressful day!

[thebear29uk]

Hi Jane

Was it an actual CCJ awarded at court or a letter informing you that the creditor was going to apply for a CCJ.

The reason I ask is that a number of people on here get worried about people coming to the door etc. In my situation I owed £86,000 and didn't make any payments from the end of Sept 06 til my IVA was approved on 26th July. I know it depends who your creditors are but mine included MBNA and some were passed on to collection agencies such as Mercers, ACI, RMA, Eversheds and Capquest. I received numerous calls from these people and was always polite and explained my IVA was going through the necessary steps. Because I was trying to remortgage my IVA took longer to get to the creditors meeting than normal and these companies were all seeking payments.
I didn't buckle under and was very grateful to this site for arming me with information to challenge the sometimes bullying tactics of the person on the other end of the phone.

I guess what I'm trying to say is that unless there is a court order signed by a judge presented by a baliff then anyone else knocking at your door can be politely told to go away. And in my experience CCJs tend to be last resorts. I was issued default letters at regular intervals which informed me that the next step would be a CCJ. Even today I received a letter from Eversheds telling me I have failed to make payment as requested so their instructions are "now to commence further action. We may now, without further notice, issue proceedings through the court, or alternatively, instruct a local collection agent, who will attend your address to arrange repayment."

Note they say "we MAY" not we will.

This is not about the people who won't pay or don't pay. Its about people who can't pay.

Jane stick in there for 2 weeks. I'm sure the judge will be very sympathetic towards you given the steps you attempted to resolve your debts. Greedy creditors stopped you doing the honourable thing so now they can fight over your negative equity.

Regards

Dave

[jane.l]

Yes, it is definitely a CCJ, unfortunately! Its from Eversheds on behalf of Nrock. I got some court papers in May, I sent them back, unfilled in and just said I could not afford to pay anything as I was saving for fees for bankruptcy and then I received a CCJ letter in June saying that it has been awarded and I have to pay £32,000 forthwith!!!!

[MelanieGiles]

I would not worry about this if you are declaring yourself bankrupt in two weeks time. This debt will be captured under the bankruptcy proceedings, and dealt with by your Trustee.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

For further details contact me at http://www.melaniegiles.com and view my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[jane.l]

I hope so, its been a very worrying time for us and now it is coming to an end!