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  • #16
    Re: Thinking of going Bankrupt

    So not a DWP debt, so can't be a DEA.

    I'm bemused at the AOE then if no CCJ? Sure there isn't one?

    OTR etc I have seen people suddenly get an AOE form or order to attend examination without notice, simply as the creditor has been sneaky or incompetent and managed to get a court case through, perhaps with the original paperwork going to a wrong address?
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

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    • #17
      Re: Thinking of going Bankrupt

      Originally posted by Riz View Post
      So not a DWP debt, so can't be a DEA.

      I'm bemused at the AOE then if no CCJ? Sure there isn't one?

      OTR etc I have seen people suddenly get an AOE form or order to attend examination without notice, simply as the creditor has been sneaky or incompetent and managed to get a court case through, perhaps with the original paperwork going to a wrong address?
      Nope diffidently no CCJ at least not that I am aware off, had nothing through the post that dictates there is one it is why I had a payment arrangement to guard against such.

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      • #18
        Re: Thinking of going Bankrupt

        If I could sell up I would but it is at the moment unfair to do such given my mum in laws health as the one thing she needs is stability

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        • #19
          Re: Thinking of going Bankrupt

          Not overly familiar with AOE forms etc, but is there a case number on that or the letter? If there is I would check with the court to see if there is a CCJ.

          To my knowledge there must be one for a genuine AOE to be applied for.
          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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          • #20
            Re: Thinking of going Bankrupt

            Is this definitely from the court? I'd be prone to call the court and query it based on there being NO judgment by which AoE is permissible.

            See what others thinks but that's what I'd possibly do....
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #21
              Re: Thinking of going Bankrupt

              It was applied for via letter to the court, however it appears it must be done on this N377 FORM

              http://www.familylaw.co.uk/system/up...N337_web_e.pdf

              The form I received is below which came without a form to declare our income

              Click image for larger version Name: AOE EDITED.jpg Views: 1 Size: 105.9 KB ID: 1400166

              Ill send original to Niddy

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              • #22
                Re: Thinking of going Bankrupt

                Can they get an AOE if there is no CCJ? Remember this is hilliesden/DLC, they threaten charging orders from the very start and in most cases act on it by swiftly issuing a claim.

                Is it possible they have got a CCJ in default and you were unaware?
                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                • #23
                  Re: Thinking of going Bankrupt

                  I would guess they have obtained a CCJ on the sly. AOE would not be allowed if not.

                  Quickest and most certain way is to check with the court quoting the claim number.
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                  • #24
                    Re: Thinking of going Bankrupt

                    I'll get andrew on the case here
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • #25
                      Re: Thinking of going Bankrupt

                      Originally posted by SXGuy View Post
                      Can they get an AOE if there is no CCJ? Remember this is hilliesden/DLC, they threaten charging orders from the very start and in most cases act on it by swiftly issuing a claim.

                      Is it possible they have got a CCJ in default and you were unaware?
                      It is possible I guess, but how would they as I have been at same address since 1986 so surely any docs I would recieve

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                      • #26
                        Re: Thinking of going Bankrupt

                        Originally posted by Never-In-Doubt View Post
                        I'll get andrew on the case here
                        Thank you Niddy I would like some advice on bankruptcy if it is possible without losing home as I am done with it all and will not be needing credit in future so my credit file can kiss my arse!

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                        • #27
                          Re: Thinking of going Bankrupt

                          Can anyone pay a bankruptcy trustee your interest in the house? If not then BR is a bad idea if you have the equity you seem to. That if a judge would make you BR in the first place.
                          I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                          If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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                          • #28
                            Re: Thinking of going Bankrupt

                            Originally posted by Riz View Post
                            Can anyone pay a bankruptcy trustee your interest in the house? If not then BR is a bad idea if you have the equity you seem to. That if a judge would make you BR in the first place.
                            Yes that is the situation I am in as have loads of equity that only a small percentage off would pay off all my creditors, but cannot get access to it unless I sell up and go into private rent which I cant do at the moment because of our mum as her share is her stability to live her.

                            It is a right mess perhaps I could try a write off with elsa's help? who knows fuck I feel like a prisoner all because the DWP Broke the law regarding my anytime revision

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                            • #29
                              Re: Thinking of going Bankrupt

                              Call the court in the morning. Get the back ground to this from them. Has a claim been issued? If so when? What was the address for service when did they get judgment.It looks like you are both defendants. Ask for a copy of the letter written by the Claimants that is referred to in the order so you know what has been written. Attachment of earnings is a form of enforcement so i cant see how they can get it without a judgment.
                              They can only get the order if payments are missed under an adjudication.
                              Lets do some digging on this. we have time to sort it out. If its a joint debt then going bust wont help cos your missu will stil be on the hook but im having a look in Blackstones and there are all sorts of restrictions on what can be done here so it might not be as bad as you think.
                              i will PM you

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                              • #30
                                Re: Thinking of going Bankrupt

                                Thank you ATW that has made me feel better already ;-) so ill forget for tonight and carry on helping my mum in law. ;-)

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