Questions you have before making a decision to go Bankrupt and the Bankruptcy process

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By charlieh34
#283 Hi I hav e just discovered your website and think that its great to share info on debt questions which lets face it worry us all at times. My problem is that I have a ccj to RBS which is due to be statue barred in 1 months time as the 6 year period is up I have not spoken to or acnowledged the debt with them for this period of time and they have now passed the debt on to credit agency. Is there a chance that they will make me Bankrupt as I am really worried about this and if they do will they be able to find out about my bank accounts and savings etc, I know it will cost them 450 fo petitinon me but I owe 4000 would really like some advice thanyou.
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By Nicky
#284 Hi there

You say you have a CCJ? In this case, I'm not sure what you mean when you say the debt is now with a debt collecting agency? If you default on a CCJ, the next step would be to enforce the judgement by further action, bailiffs/bankruptcy e.t.c.?

The other thing is, if this creditor has a CCJ against you, you cannot use the Limitation Act (creditor out of time to recover the debt). The creditor wouldn't beable to enforce the CCJ (i.e. take action against you - bailiffs e.t.c.) without the courts permission if the CCJ was set over 6 years ago. However, the debt doesnt get written off if you have a CCJ, the debt will remain active until either the debt is paid or the creditor decides to write the debt off.

If there was no CCJ, then after 6 years, you could use the Limitation Act to say the creditor was out of time to take any action against you. I'm just a bit confused as you say you have a CCJ and the debt has been passed onto a debt collecting agency from RBS?

Bankruptcy could only occur if the court allowed the enforcement of the judgement and the creditor proved you couldnt make afford a monthly repayment arrangement - this is in the case that you have a CCJ and 6 years have past since the last point of contact.

Hope this somehow helps :)
By charlieh34
#287 thanks for your reply the thing is I have recieved a letter from RBS saying the debt which I have a ccj for has been passed on to a credit collections firm now I wonder what they can do to me as I thought that if I had no contact for 6 years the ccj would be nullified they do not know where I live and send letters to my old addresses after 6 years have passed does this not put me in a better position ie legally I still owe the debt but they cannot enforce it really appreciate your advice Nicky.
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By Nicky
#288 CCJs are a different kettle of fish to debts that have no action on them. They can still try to enforce the CCJ. If there was no action on the debt and they tried to take legal action, you could then tell them that they were out of time (statute barred).

If they do locate you and try to enforce the debt, they would have to explain to the court why it took them so long and it would then be up to the court to decide if further action would be allowed, as far as I know, thats the only difference.

Here is some information which might be useful for you to read up on: -

http://www.clear-your-debt.co.uk/limita ... t-1980.htm

Hope this helps.
By charlieh34
#289 Thanks Nicky the link and your advice have been great help it seems that although the ccj maybe removed from my credit report next month I will still legally owe the money but they will have the option to bankrupt me or take out a further ccj , but must go back to court to proceed further. Does this mean that they wont consider this further action until the 6 years are up.
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By Nicky
#296 Hi Charlieh

Further action can be taken at any time - whether they would be sucessful would be up to the court to decide from why it took the creditor so long to go for further action. The creditor would also need to prove that you couldnt afford a realistic monthly offer of payment before Bankruptcy would be allowed.