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T O P I C R E V I E W
Lottie
Posted - 05 May 2009 : 18:37:43 Hi all I am going BR on 20th May. I am currently in dispute with cabot UKltd who have issued me with a summons for a C/C debt that they bought from another company. Due to me having no knowledge of this and them being unable to produce required documents I filed a defence and the case has now been going on for some months. I have until 16th May to serve my full defence and then a hearing date will be set (unless the judge just grants the ccj to them, but I dont think so as I think there is a hearing due to a defence being filed). Anywy I am aware that their overall intention is to get a charging order on my property, but think they need th ccj before they can apply for this. Am I correct in thinking this? As i will be BR 4 days after the deadline and before any hearing does that mean that the debt will just be included in the BR and that they cannot get a charging order after my BR? Thankyou in advance>
3 L A T E S T R E P L I E S (Newest First)
Lottie
Posted - 06 May 2009 : 18:50:15 Thanks John,thats put my mind at rest!!
John
Posted - 05 May 2009 : 22:17:31 Hi
if you are declaring bankruptcy on the 20th you won't get a CCJ. And even if you did the bankruptcy would rule it out. A charging order cannot be placed on your property after the date of your bankruptcy except when applied for by your trustee in bankruptcy.
John White England Jackman & Spacey
endoftheline
Posted - 05 May 2009 : 20:45:07
quote:Originally posted by Lottie
Hi all I am going BR on 20th May. I am currently in dispute with cabot UKltd who have issued me with a summons for a C/C debt that they bought from another company. Due to me having no knowledge of this and them being unable to produce required documents I filed a defence and the case has now been going on for some months. I have until 16th May to serve my full defence and then a hearing date will be set (unless the judge just grants the ccj to them, but I dont think so as I think there is a hearing due to a defence being filed). Anywy I am aware that their overall intention is to get a charging order on my property, but think they need th ccj before they can apply for this. Am I correct in thinking this? As i will be BR 4 days after the deadline and before any hearing does that mean that the debt will just be included in the BR and that they cannot get a charging order after my BR? Thankyou in advance>
Hi, not sure if they can go for a charging order after a BR has been filed but what I do know from my own experience it takes about 6 months to get a Fonal Charging Order. First its a CCJ then they apply to the courts for a Forthwithe, this is a stage they have to go through to eventually get a date for a Final Charging Order hearing. Hope this makes sense and I hope it works out for you. Regards
