I recently had a ccj from Rbs credit cards. I admit the debt to court and offered £5 a month to Rbs in response to ccj.
Rbs rejected my offer and asked court to make a decision. Court made a decion for me to pay £350 per month which was totally unaffordable for me. I was told by court staff to write in and ask for a reconsideration of decision which i did.. Now the case has been referred to my local county court awaiting hearing…. I am still offering £5 per month based on my current circumstances. My question are…
Can a judge make me bankrupt automatically if I am asking for the ccj to be reconsidered as I can only afford five pounds per month..
Also if I some one is made bankrupt,, do they loose thir houses?”
If you can only afford £5 a month, and have documented/proven this by completing a detailed income and expenditure form, chances are the judge will state to RBS they have to accept the £5, but this doesn’t stop them from taking further action.
That further action could be to seek out an enforcement order and have bailiffs sent out, or if you have property a charging order placed against the property, or if you are working perhaps an attachment order to your wages.
RBS could also look to make you bankrupt. These are the collection tools they have available. A judge is not going to automatically make you bankrupt unless a creditor follows-up and completes the forms to do so.
It also is in a creditors best interest to try and collect what they can from you, or if you have property obtain a charging order, rather than make you bankrupt, as in bankruptcy all your unsecured debts are included and none are preferred. If you have property and RBS obtains a charging order against any property you have, they have secured their interests.
If you are made bankrupt and you have property, then yes, it is possible to lose the house through the bankruptcy. If there is equity in the property, your portion of any equity could be wanted to be paid into the bankruptcy.
I hope this helps.
Jon Emge is an experienced UK debt advisor who has helped thousands and thousands of people in the UK to deal with problem debt. Jon specialises in finding good solutions for problem debt using a variety of UK specific techniques.
If you have a question you’d like to ask about how to get out of UK debt, just use the online form. I’m happy to help you for free.
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