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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I had a debt in 2007 and then went bankrupt in feb 2009. I

Resolved Question:

I had a debt in 2007 and then went bankrupt in feb 2009. I then received a ccj for the 2007 debt after my bankruptcy. An enforcement agency is chasing me for money and when I asked for proof of the debt as I didn't and still don't believe the amount they are saying is correct I have been advised that their client is not prepared to give me the details of proof of payment to myself.
Would I still be accountable for this debt as it was before my bankruptcy? or as the ccj was after my bankruptcy I am still responsible?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Was the debt included in the bankruptcy please?

Customer:

It wasn't as I wasn't aware of it. Basically i left me employer in the July of 07 and they overpaid me as they paid me for Aug 07. I didn't realise the overpayment until I got a CCJ against me which lead to the high court enforcement office emailing me to ask me to pay it. I started paying an agreed amount of £100 then I stopped as someone said to me have I seen proof of overpayment which I hadn't. I emailed them to say I was disputing the debt and I wanted proof heard nothing emailed them again to which their baliff called me rolling off the amount overpaid of which I said I need to see proof this was overpaid as it was so long ago that my bankdetails have changed I could

Customer:

not check. They have told me that their client will not proved this to me as they do not need to and that if I wanted to check I can contact the issuing court for the request for the information

Alex Watts : If the debt was not included in the bankruptcy, then it is still owing.
Alex Watts : In ordrt for a debt to be written off it must be included in the bankruptcy order.
Alex Watts : If not sadly it is still outstanding and owing.
Alex Watts : If you dipsute the ccj then you can apply to set it aside.
Alex Watts : You would need to complete form N244 available here http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
Alex Watts : But if you do not set it aside it will remain payable.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Ok I have had other things that were not included in my bankruptcy written off as those debts also were incurred before I went bankrupt in 2009

Alex Watts : Yes that is a matter for the creditor. But unless you include it in the bankruptcy then you are still liable. But you can apply to set aside as I have indicated above.
Customer:

ok I will do that what would be a suitable reasoning for my to be setting it aside? Also should I mention that my current contract role has now come to an end so I am unemployed or should I not mention that?

Alex Watts : The fact you are unemployed is not reason enough.
Alex Watts : Can I clarify anything?
Customer:

so what reasoning would you suggest for me to set it aside?

Alex Watts : The fact that you are bankrupt and it was not included when it should have been.
Customer:

ok thank you Alex!

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