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 bankruptcy postbag for july
 CREDITOR THREATENING COURT ACTION
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modensane
Junior Member

United Kingdom
214 Posts

Posted - 04 July 2008 :  13:42:59  Show Profile  Reply with Quote
I wrote to inform a creditor of my intention to go BR at the end of June and that I was out of work (with proof), but MOT repairs and road tax for a car I need urgently for work took a huge chunk of what I saved. Now the creditor has written threatening court will begin if I do not make a payment by 9th july. The problem is that I can go BR only at the end of July if nothing unexpected happens.
a) Should I ignore this creditor?
b) Should I write again to tell them my BR will now be at the end of
July?
c) Should I make a token payment?
d) Or should I tell them I simply do not have the money?
Any advice will be wellcome. Thank You.

Trolly-Dolly
Average Member



591 Posts

Posted - 04 July 2008 :  13:46:04  Show Profile  Reply with Quote
what are they taking you to court for? Does it say? These things take time to get to court, I'm sure you will be BR before it gets that far. Wait for an expert opinion and please dont worry.

You can read my blog here;

http://drowningmummy.blogs.iva.co.uk/
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Ian Richards
Junior Member



United Kingdom
296 Posts

Posted - 04 July 2008 :  14:34:06  Show Profile  Reply with Quote
Hi

Just ignore it, or phone them if you want and tell them, the fact is that they haven’t got enough time to take action. The letter was probably computer generated anyway, so no need to worry.
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 04 July 2008 :  16:31:52  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Modensane,

I would suggest that given the timeframes available, the creditors won't be able to do anything (unless they already have a CCJ) in time so you should be safe (apart from a lot of nuisance calls and letters).

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
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modensane
Junior Member

United Kingdom
214 Posts

Posted - 04 July 2008 :  17:32:51  Show Profile  Reply with Quote
Thanks, Julian. I am not too conversant with judicial vocabulary, but CCJ I understand to mean County court Judgement. What is the procedure by which a creditor can get a CCJ and what are the time frames?
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JulianDonnelly
Junior Member



United Kingdom
325 Posts

Posted - 04 July 2008 :  17:43:20  Show Profile  Visit JulianDonnelly's Homepage  Reply with Quote
Hi Modensane,

Indeed, a CCJ is a County Court Judgement. The creditor has to apply to the court for a CCJ. You'll be served papers and have two weeks to respond before the hearing. I would suggest that you have plenty of time so don't worry!

Regards

Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
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modensane
Junior Member

United Kingdom
214 Posts

Posted - 04 July 2008 :  18:28:58  Show Profile  Reply with Quote
Thank You for the reassurance, Julian.
Would you advise ignoring them totally or being upfront with them and telling them what I am doing?
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nick40moose
Junior Member

176 Posts

Posted - 04 July 2008 :  19:33:13  Show Profile  Reply with Quote
Julian,

I'm in a similar position myself. One loan company I haven't been able to pay for about 4 months and the credit card companies are chasing me too.

Is it worth ringing and saying that I'm planning on going bankrupt in a couple of weeks or just keep quiet and wait?
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