Thinking of going Bankrupt

[Riz]

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?

[pompeyfaith]

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?

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.

[pompeyfaith]

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

[Riz]

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.

[Never-In-Doubt]

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....

[pompeyfaith]

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



Ill send original to Niddy

[SXGuy]

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?

[Riz]

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.

[Never-In-Doubt]

Re: Thinking of going Bankrupt

I'll get andrew on the case here

[pompeyfaith]

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?

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

[pompeyfaith]

Re: Thinking of going Bankrupt

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!

[Riz]

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.

[pompeyfaith]

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.

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

[ATW]

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

[pompeyfaith]

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. ;-)