www.iva.co.uk

I got some papers a few weeks ago from Eversheds on behalf of NRock regarding my unsecured loan, this is in my name only, I borrowed £20,000 and they want £30,000! The papers looked like court papers but there was no date or anything on them, I read them a few times and all they were really were income and expenditure forms, well as I am saving for my bankruptcy fees I thought if I pay them, it just means that I will have to wait longer to get the fee together so I wrote back saying I am not in a position to pay anything as I am shortly going to petition for bankruptcy. I did not hear anything until today and I have received a form saying Judgment for Claimant (in default) dated 29 June 2007. It says I have to pay £30,421.80 and £520 costs forthwith!!!!!! If this is a CCJ, shouldn't they have at least told me of the date of the court??? Anyway, my main worry now is what happens next??? it will be about 5 weeks until my bankruptcy date. Obviously no-one knows where I am living now, how long will they take to find me? If anyone knocks on my door, I will just not answer it, but I can see this will send me into a nervous wreck!!!!!!!!!!!!!

The forms you recieved were a county court pack.

A County Court Judgement was given because you didn't complete the necessary forms and therefor Summary Judgement was granted.

If you are sure you will be bankrupt within 5 weeks there isn't a great deal they can do.

ooo I hope not! Its starting to really hit me now what a total mess I have made of my life!! I just cannot wait for it to all be over!

Jane

I wouldn't worry about having a CCJ when you are planning on declaring yourself bankrupt!!! The latter process has far serious ramifications for you than a CCJ, which will be stopped as a result of the bankruptcy order in any case.

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

Hi jane.I

Sorry to hear about your CCJ but Melanie is right if you are going for BR then there is not much that they can do. One of my creditors who I will name American Express got their solicitors to file for a CCJ against me on the 22nd Feb 2007. That was just 6 weeks after I missed my payment! Yes I told them I was doing an IVA. By the 22nd March 2007 the CCJ was final. I did not respond to the court pack as I was told to send the paperwork to my IP who at that time was Synergi and that they would sort it out. My first creditors meeting was the 8th May 2007. I must admit that I was quite shocked at the speed at which the CCJ was tacked on me. Eventualy my IVA was approved thanks to Melanie. How long does a CCJ remain recorded against you? Can it be removed?

Good luck

RedDevil [8D]

It is on the credit file for 6 years.

It doesn't appear you have grounds for having it set aside.

Hi Storm,

I see what you mean but that creditor was on my list of creditors in my IVA proposal but they still pressed on with legals. Synergi took too long to get the interim order in place to stop my creditors from taking further legal action against me. Our remortgage for my full and final IVA went through yesterday so I will soon be in a position to release funds to my IP to push forward for closure.

Regards

RedDevil [8D]

Hi Red Devil - how did amex vote in the end on your IVA?

Hi
I,m sure that you can have a CCJ set aside if you say that you did not attend court,although I,m sure that a creditor would just re-issue it but if you are then bankrupt they wouldn,t bother.
However your CCJ will be off your credit file before your bankruptcy as they both last 6 years.
Regards
Regards

Andy Davie
IVA.co.uk Spokesperson

About me:
http://www.iva.co.uk/andy_davie_profile.asp

IVA Helpline: 0800 197 4838
http://www.iva.co.uk/iva_helpline.asp

You can't have a judgement set aside on those grounds unless the defendant had filed a suitable defence.

In effect there is no court date / hearing and summary judgement will be granted unless a suitable defence is filed.

Hi Andy and Storm,

Ah well it was worth asking but take note Amex was my most aggressive creditor. They voted no at my first creditors meeting and didn't even bother at the second one. I spoke with the land registry today and the interim charging order on our property has been removed.[:)][:)] We have decided to name the house Melanie! Go and figure that one out....

Regards

RedDevil