CCJ from Tbi Financial services also I'm bankrupt

[Tunni56]

I have discovered a CCJ made in 2005 for just over £2,500 from TBI Financial Services. This came to light because I am bankrupt and it has been added to my overall debt.

 

I believe the amount relates to a credit card from around 1999/2000. My recollection of the details of the loan are a bit sketchy although I do remember that 1) I was in dispute with credit card company over regular late payment charges they had added to my account and 2) they had failed to send monthly statements as they should have done automatically (in fact they said they were being sent but even after calling to request them they simply didn't turn up) It was this failure that led to me paying late each month and then incurring late payment penalty plus interest every month! The late payment charges were probably illegal anyway!!

 

Until I did an internet search I didn;t even know who TBi were, it seems likely that they 'purchased this debt' from the credit card company.

 

Given the circumstances can I have the debt removed from my credit record and can it be enforced as part of my bankruptcy as at very least the amount owed is wrong and made up of a large percentage of late payment charges.

 

Failing that can I have it set aside or how about making an offer to pay part of the debt. Regarding the latter is there a 'normal' starting point.

 

In summary what are my options

 

Regards

[NitrousOxide]

Hi,

You need to clarify when you recieved the CCJ and when you went bankrupt.

Bankruptcy usually includes CCJ's being wiped as well. In any case the debt should also have been wiped during the bankruptcy.

[Tunni56]

The CCJ is dated 2005 I was made bankrupt a year ago. I am about to lose my home unless I pay the bankruptcy debt. The debt began as a £4,700 Council Tax debt (which was not my debt in the first place) and now stands at £40 grand! (mostly made up of their legal fees, OR fees, trustees fees plus VAT plus another 17%)

 

All I'm interested in is a way if possible (given the details I supplied already) of removing this debt from the overall bankruptcy debt.

[shane5408]

Hi,

 

I would advise you urgently speak to the National Debt Line on this matter. Also, have a read of the following with regard to having CCJ's setaside

12_how_to_set_aside_a_judgment_in_the_county_court.pdf

[gizmo111]

The CCJ is dated 2005 I was made bankrupt a year ago. I am about to lose my home unless I pay the bankruptcy debt. The debt began as a £4,700 Council Tax debt (which was not my debt in the first place) and now stands at £40 grand! (mostly made up of their legal fees, OR fees, trustees fees plus VAT plus another 17%)

 

All I'm interested in is a way if possible (given the details I supplied already) of removing this debt from the overall bankruptcy debt.

 

When you say you have to pay the BR debt what exactly do you mean? Have you a lot of equity that you need to raise cash for so that the OR won't take your home?

The CCJ would have been included in the debt and to my knowledge you can't just take one debt out of a bankrupt estate to reduce it.

[Tunni56]

The trustee 'discovered' the CCJ but it was nothing to do with the original bankruptcy. I have equity in my home which the trustee will realise (ie sell my home if I don't clear the debt)

 

I am aiming to pay off the debt (with help from friends/family) 'without prejudice' to enable annulment then begin a claim for reimbursment as the original BR debt was not mine! (Don't ask, seriously, don't even go there! it's incredibly complex and I am going to open a thread on the details of my bankruptcy soon!)

 

Bottom line is if this CCJ for whatever reason is in dispute I may be able to have it taken away from the overall BR debt and every bit helps to reduce what is owed.

 

Regards

 

PS

BTW TBi have never chased up this debt as far as I'm aware, anyone know why would that be?