Claimform - arrow rbs, £8500

[Ganymede]

Thank you Seq.

 

I have made an appointment to meet with an Insolvency Practitioner this afternoon, to try and get a better understanding of bankruptcy and what it would entail for me. It is free of charge and totally confidential, so I hope it helps me to decide about the best way forward with the total mess that I'm in.

 

I have alternated over the past few days between thinking bankruptcy is the only way forward, but then switching back to either carrying on fighting the 3 claims against me/ stop fighting and just let them have their CCJ's/ writing to the 3 creditors and offering a paltry monthly instalment, (as I don't have any spare money at all), and pray that this might persuade them to stop their court action.

 

I am so utterly worn down by it all, and so very stressed about the ramifications of all of these various options.

 

For some reason, the caggers on here who have been a great support over the past few months, seem to have disappeared, which has only added to the pressure I feel under. I spent hours on here on Saturday night, writing posts against all of my 3 threads which I need urgent help with, but have had little or no response . This has never happened before, so I don't know what to think.

 

Without that support and guidance, I feel very alone with it all unfortunately and have had the most miserable few days.

Will the CCJs cause you problems with your job?

 

Do you own your own home?

 

Sorry if you have already provided this information, but I couldn't find it.

[citizenB]

caggers haven't disappeared, toots You must realise that all the people who advise and other members are volunteers and have jobs and problems of their own as well.

 

I am sure they are keeping up to date with your situation and will post only if they believe they can assist rather than give you false hope or poor information. I believe at least 2 of your threads have been responded to and the other, I think you made statements rather than ask specific questions.. so not abandoned at all

 

Just keep an eye on your dates and make sure you acknowledge the claim on time.

 

Ganymede - I think toots has part time employment and is in rented accommodation.

[Toots111]

Will the CCJs cause you problems with your job?

 

Do you own your own home?

 

Sorry if you have already provided this information, but I couldn't find it.

 

Hi Ganymede,

 

I live in rented, furnished accommodation, work part time, and am in receipt of Working Tax Credits.

[Toots111]

Think the debt industry has changed over recent years. They have become a bit more efficient and are more likely to take it to court. Unless you have very good reasons to defend, it can be quite difficult these days. They are using outside Solicitors, they turn up to the court and if you are defending yourself, unless you are really good at it, then it is not easy. Sometimes Judges are more helpful to claimant creditors than to debtors.

 

And then there is the problem of them coming back again, after you thought you had one a battle,

 

Sometimes if you are in a hole, it can get to the point where you have to stop digging. Perhaps you have reached this point and need to look at all options. I have read so many people say that bankruptcy has been the best decision they have ever made. So you are doing the right thing by sitting down with someone who can advise you on this.

 

Many thanks Seq, I think you're probably right on all fronts.

[Ganymede]

Hi Ganymede,

 

I live in rented, furnished accommodation, work part time, and am in receipt of Working Tax Credits.

 

So that's a big "no" to both then.

 

You may be worrying about the CCJ for nothing then as it won't really affect you unless you need new credit.

[Toots111]

caggers haven't disappeared, toots You must realise that all the people who advise and other members are volunteers and have jobs and problems of their own as well.

 

I am sure they are keeping up to date with your situation and will post only if they believe they can assist rather than give you false hope or poor information. I believe at least 2 of your threads have been responded to and the other, I think you made statements rather than ask specific questions.. so not abandoned at all

 

Just keep an eye on your dates and make sure you acknowledge the claim on time.

 

Ganymede - I think toots has part time employment and is in rented accommodation.

 

Cheers Citizen B,

 

I do recognise that I'm becoming more paranoid than usual at the moment!

 

 

I do try my best not be constantly on here pestering people, I promise,

 

 

I just have felt particularly overwhelmed over the past few days, since the arrival of this new claim.

 

I'm still not 100% sure of my best way forward,

but bankruptcy may end up being the best route.

 

 

In the mean time, until I can be really sure of that,

 

 

I've sent off my CCA and CPR31.14 letters today,

and will complete the Ack of Service online,

just before the due date.

 

Many thanks for trying to keep me sane:smile:!!

[Toots111]

So that's a big "no" to both then.

 

You may be worrying about the CCJ for nothing then as it won't really affect you unless you need new credit.

 

But they never go away do they Ganymede?? I'll have all my debts, plus who knows how many CCJ's till the day I die? I'm petrified about bailiffs, even though I own practically nothing in my home. I've also been told today that when creditors are only getting a very small amount via a CCJ, one of them will usually start bankruptcy proceedings at some point anyway, so I'm wondering why I'm putting myself through all of this at the moment.

[citizenB]

Cheers Citizen B,

 

I do recognise that I'm becoming more paranoid than usual at the moment!

 

 

I do try my best not be constantly on here pestering people, I promise,

 

 

I just have felt particularly overwhelmed over the past few days, since the arrival of this new claim.

 

I'm still not 100% sure of my best way forward,

but bankruptcy may end up being the best route.

 

 

In the mean time, until I can be really sure of that,

 

 

I've sent off my CCA and CPR31.14 letters today,

and will complete the Ack of Service online,

just before the due date.

 

Many thanks for trying to keep me sane:smile:!!

 

 

No worries toots.. I just didn't want you to be under the impression you had been abandoned

 

It would actually be better if the creditor starts bankruptcy proceedings because then you wouldn't have to find the BR fee which is required (although I understand there are charities who will help with this).

 

Have a word with the Specialist and see what he has to say and then you can make an informed decision.

 

Just make sure that you acknowledge the claim on time so if you choose to defend then at least you are covered there and wont have a judgment in default.

 

IMHO, what you don't want to do is be persuaded to enter an IVA (Individual Voluntary Arrangement) as that can be more costly than BR and lasts longer.

[Ganymede]

But they never go away do they Ganymede?? I'll have all my debts, plus who knows how many CCJ's till the day I die? I'm petrified about bailiffs, even though I own practically nothing in my home. I've also been told today that when creditors are only getting a very small amount via a CCJ, one of them will usually start bankruptcy proceedings at some point anyway, so I'm wondering why I'm putting myself through all of this at the moment.

 

The CCJ will drop off after 6 years.

 

You rent so no Charging Order.

 

Your flat is furnished so no seizing goods.

 

If bailiffs are instructed just don't buzz them up to your flat and don't let them in.

 

If the Claimant starts bankruptcy then it saves your £1000 in fees.

 

Not much more that can happen.

 

Not saying you should do it but just pointing out that in your situation a CCJ isn't the end of the world.

[sequenci]

As Ganymede highlights, the only option that the creditor would have that could cause you a small degree of frustration is an attachment of earnings - though they are very rare. A creditor is highly unlikely to bring bankruptcy proceedings against you unless you have an asset that they can implicate - i.e. a property that you own.

[Toots111]

As Ganymede highlights, the only option that the creditor would have that could cause you a small degree of frustration is an attachment of earnings - though they are very rare. A creditor is highly unlikely to bring bankruptcy proceedings against you unless you have an asset that they can implicate - i.e. a property that you own.

 

No assets at all ims, but

 

 

am I right in thinking that I'd have the debts forever please,

 

 

as unless I win the lottery, I'll never be able to pay them off?

 

 

What happens at the end of the 6 years

- does the creditor have to start another claim against me,

or would I just keep paying the agreed amount forever please?

[dx100uk]

you'd pay at the agreed rate IF they get a CCJ until the debt is settled.

 

 

the CCJ will drop off your creditfile after 6yrs

even if the debt is not fully paid

 

 

likewise for the default if one is already registered.

 

 

dx

[Toots111]

Hello again, and Happy Christmas to everybody.

 

Just looking for a bit of advice please; I sent the Admittance form off to the Claimant almost two months ago, (and I have proof that they received it okay), yet I haven't heard a thing yet??

 

I have phoned Northampton BC a couple of times to ask if this is 'normal', but they said not, and that they would have expected the Claimant to ask for a CCJ to be awarded long before now. (It only took 3 weeks for a different Claimant to obtain a CCJ, once I'd admitted the debt).

 

Has anybody heard of this type of delay before please and what might it suggest?

 

I've thought about ringing the Claimant to ask what's happening, but I'm loathe to 'nudge' them?!

 

Thank you to anybody who can shed a bit of light on this.

 

Toots.

[Andyorch]

Its not your problem Toots...leave it alone.

 

Andy

[Toots111]

Its not your problem Toots...leave it alone.

 

Andy

 

Hi Andy,

 

Thanks for your reply, I'll just leave it then. I just wish I knew why they haven't done anything yet.

 

Toots.

[Toots111]

Hi anybody who can help,

 

In relation to my post number 38, I still haven't heard anything back from the Claimant, and neither has Northampton Bulk Centre.

it's now over 4 months since they received my N9A admittance form.

 

I wrote to the Bulk Centre, pointing out that I have done everything required of me, yet have still heard nothing.

I also asked in my letter whether there was a time limit from when a Claimant receives an N9A form, to them acting upon it.

I have had a reply from the Bulk Centre, acknowledging my letter,

but they have completely ignored my question about any applicable timescales after receipt of an N9A.

 

is there indeed a time limit on how long a Claimant can be in receipt of an admittance form without following it up??

 

 

If there is, and they don't take any action within the set time limit,

 

 

would they have to start a new claim again please?

 

Any guidance/info will be greatly appreciated.

 

 

Thank you.

 

 

Toots.

[citizenB]

They have 28 days to respond to your claim, after which time it is automatically stayed (put on hold) and the claimant then has to make an application to the court to lift the stay and proceed. So, no they would not have to issue a new claim.

 

Whilst it is very wrong that they issue claims without having the documents that they are intending to rely on, you might find that is why they are stalling.

 

There have been some caggers reporting that they have been stayed for some while, up to around 5 years ! I would wait on more experienced caggers to advise if you should ask for their claim to be struck out.

[citizenB]

Just reading through your last posts and it could be that they have recognised there is very little point in proceeding, especially if you were able to raise the funds to go BR ?

[Toots111]

They have 28 days to respond to your claim, after which time it is automatically stayed (put on hold) and the claimant then has to make an application to the court to lift the stay and proceed. So, no they would not have to issue a new claim.

 

Whilst it is very wrong that they issue claims without having the documents that they are intending to rely on, you might find that is why they are stalling.

 

There have been some caggers reporting that they have been stayed for some while, up to around 5 years ! I would wait on more experienced caggers to advise if you should ask for their claim to be struck out.

 

 

Hi Citizen B,

 

 

Thanks for replying. I already have a different case stayed, but that's where the Claimant has never responded to my defence.

 

 

With this Arrow claim, I have actually admitted the debt, which they are aware of, so they don't need any documents Citizen B? It just seems very strange that they haven't pushed it to a CCJ, seeing as they have my admittance?? The court has not told me that this case is stayed?

 

Sorry, that last sentence should have read that the court has told me that this case is NOT stayed.

[Toots111]

I've just talked to a lady at the Bulk Centre and

 

 

she said that there is NO timescale during which a Claimant has to act,

after the receipt of an N9A admission form,

(so the 28 day rule that applies after their receipt of a defence does not apply with admissions).

 

 

She said the case is NOT stayed,

just sat on their systems, waiting for the Claimant to take further action.

 

 

She also said she's never heard of a Claimant letting so much time go by after receiving an N9A.

 

All very strange??!! What possible reasons could the Claimant have for not pursuing a CCJ yet?

 

 

Thank you.

[citizenB]

I've just talked to a lady at the Bulk Centre and she said that there is NO timescale during which a Claimant has to act, after the receipt of an N9A admission form, (so the 28 day rule that applies after their receipt of a defence does not apply with admissions). She said the case is NOT stayed, just sat on their systems, waiting for the Claimant to take further action. She also said she's never heard of a Claimant letting so much time go by after receiving an N9A.

 

 

All very strange??!! What possible reasons could the Claimant have for not pursuing a CCJ yet?

 

 

Thank you.

 

My apologies.. I did notice you had sent the admission.. but it didn't register in time for my response. I cant imagine why they aren't moving forward, although as already said.. you have made it pretty clear that you don't have any money or assets.. so it might just not be worth the effort for them.