Drowning in debt and leaving the country....help!

[Kitty]

Re: Drowning in debt and leaving the country....help!

Bailiffs can't get involved as this is a civil matter not criminal.

Don't worry. Just move and login from SA if necessary but I suspect you'll not hear from them again. Just ensure you tell your flat mate to return items for you as unknown at this address.

Thanks Niddy but I've already been told that if I don't pay, then it gets handed over, then they will get a CCJ, then there is the possibility of bailiffs coming to the door? Is this not correct. Btw, the debt is owned between two banks - Natwest (who have now handed me over to Triton?!? or something like that) AND Barclaycard.

[ScabHunter]

Re: Drowning in debt and leaving the country....help!

Thank you. At what point do the banks apply for CCJ? And yes, will take your advice of temporary residence elsewhere.

Banks and other creditors don't apply for CCJ. A CCJ is awarded by a court if the creditor issues a claim, and wins the case, or if the defendant does not respond to the claim. That would be judgment in default.

Obviously, you are not going to be around to defend any claim, but they would be mad to issue papers as they would never recover the initial court filing fee.

As for when creditors go to court, that is impossible to say. The more "professional" ones do their research and target people who are going to be able to pay any judgment, such as homeowners. The lower rabble of DCAs often issue court papers on just about anything hoping for a default judgment. They'll often capitulate quickly when the case is defended.

Don't worry about CCJs, they are unlikely to affect you.

SH

[Kitty]

Re: Drowning in debt and leaving the country....help!

Banks and other creditors don't apply for CCJ. A CCJ is awarded by a court if the creditor issues a claim, and wins the case, or if the defendant does not respond to the claim. That would be judgment in default.

Obviously, you are not going to be around to defend any claim, but they would be mad to issue papers as they would never recover the initial court filing fee.

As for when creditors go to court, that is impossible to say. The more "professional" ones do their research and target people who are going to be able to pay any judgment, such as homeowners. The lower rabble of DCAs often issue court papers on just about anything hoping for a default judgment. They'll often capitulate quickly when the case is defended.

Don't worry about CCJs, they are unlikely to affect you.

SH

Thank you SO much; I can finally have a decent night's sleep after months of worrying!

[Never-In-Doubt]

Re: Drowning in debt and leaving the country....help!

Thanks Niddy but I've already been told that if I don't pay, then it gets handed over, then they will get a CCJ, then there is the possibility of bailiffs coming to the door? Is this not correct. Btw, the debt is owned between two banks - Natwest (who have now handed me over to Triton?!? or something like that) AND Barclaycard.

Whoever told you that is talking shit. Sorry but they are

[Never-In-Doubt]

Re: Drowning in debt and leaving the country....help!

Thank you SO much; I can finally have a decent night's sleep after months of worrying!

Yea you can. There won't be any bailiffs. Nor will anything happen.

IF (its a big if) they obtained judgment by default - so what? You aren't here so after 6yrs it'll go away

Just relax and move

[PlanB]

Re: Drowning in debt and leaving the country....help!

https://www.gov.uk/make-court-claim-...rce-a-judgment

[Never-In-Doubt]

Re: Drowning in debt and leaving the country....help!

https://www.gov.uk/make-court-claim-...rce-a-judgment

Doesn't happen. Find one case showing a bailiff attending enforcement of a credit card/bank account debt.... You won't find one and if she's out the country with no assets in the UK - so what! Lol

[Kitty]

Re: Drowning in debt and leaving the country....help!

https://www.gov.uk/make-court-claim-...rce-a-judgment

But Niddy said that they won't. Now I'm confused :-(

[Never-In-Doubt]

Re: Drowning in debt and leaving the country....help!

But Niddy said that they won't. Now I'm confused :-(

They won't! There is nothing in any case law that suggests otherwise. You have no assets. Lenders get a CCJ and a Charge if you have property. If not they sit on the CCJ.

Even so, they might not go for a CCJ if you don't show up on any CRA searches. Why waste money chasing a shadow? Pointless really isn't it? Would you waste more? No. So why would the banks? They don't. Trust me.

In any case you won't be here so stop worrying!

[Kitty]

Re: Drowning in debt and leaving the country....help!

Thanks again Niddy!

[Enforcer]

Re: Drowning in debt and leaving the country....help!

Just do as you have been advised. Move away to the sun. You do not owe anything to anyone in SA. Start again, new life, enjoy yourself and learn from past mistakes.

Have a good life with no worries!

[Kitty]

Re: Drowning in debt and leaving the country....help!

Just do as you have been advised. Move away to the sun. You do not owe anything to anyone in SA. Start again, new life, enjoy yourself and learn from past mistakes.

Have a good life with no worries!

You are very kind, thank you! I have learnt HUGE lessons not least of all, that I shouldn't be SO generous in helping those less fortunate than I am by using money that doesn't belong to me (but to the banks!). I hope it doesn't change the "human" side in me though, but that it just makes me sensible to know when it's out of my remit to help the needy!

[Never-In-Doubt]

Re: Drowning in debt and leaving the country....help!

Fuck the banks lol. Seriously they can hold their own. Lets not forget they can pay many millions to their staff - fraudsters. Oooops they may refer to them as investment bankers but they're nothing short of con men.

Don't feel bad. Feel even

[Fortman]

Re: Drowning in debt and leaving the country....help!

https://www.gov.uk/make-court-claim-...rce-a-judgment

Doesn't happen. Find one case showing a bailiff attending enforcement of a credit card/bank account debt.... You won't find one and if she's out the country with no assets in the UK - so what! Lol

You will find bailiffs involved once a CCJ for the debt has been got. If over £600 the court will use either a Certificated Bailiff or worse, an HCEO to enforce the debt.

At the risk of stating the obvious, you won't find case law will you as it's the County Court.

[Never-In-Doubt]

Re: Drowning in debt and leaving the country....help!

You will find bailiffs involved once a CCJ for the debt has been got. If over £600 the court will use either a Certificated Bailiff or worse, an HCEO to enforce the debt.

At the risk of stating the obvious, you won't find case law will you as it's the County Court.

No you will not find bailiffs are involved. I think the evidence is in abundance with the AADers that collectively have several thousand accounts and several hundred CCJS. Now why don't you ask how many of them have seen a HCEO?

We stick to facts & factually based odds not worse case as worse case rarely happens.

Many users here are 5/6 years in on a CCJ.

I don't mean case law per se. I mean go find me some examples. You can't because you all fail to notice that a HCEO cannot be used when dealing CCA.

--> Do you need the services of a High Court Enforcement Officer - HCEOA

If the judgment is for over £5000, this must be enforced in the High Court, providing it does not relate to a debt arising from an agreement under the Consumer Credit Act.