How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

How to defend bankruptcy petition - going to court for a debt

Resolved Question:

How to defend bankruptcy petition - going to court for a debt do £3,400. Credit card with a bank . Cab have tried to negotiate on my behalf but first credit have been difficult .they declined offer. I have another debt of 16,000 with natwest they applied for charging order. Which was granted so need help with both debts
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is there a ccj for the £3400 debt please?
Customer: Yes
Customer: What do you mean ccj?
Customer: I s
Alex Watts : County court judgment for the £3400?
Customer: We'll possibly what happened is I have a failed iva
Alex Watts : Why did the IVA fail?
Customer: It's a long story . I thought we agreed with my iva company to have a break for a year from payments they said they never agreed failed it because of of non payment for a year.
Alex Watts : Do you have much equity in the property?
Customer: In fact they wanted the 2400 for the year I didn't pay I didn't have it they failed it.
Customer: We'll not enough to cover all debts . I have 10.000 secured on property . Have 16000 for natwest following charging order . Then this debt.
Alex Watts : Have you asked them if they would accept a charge in the property?
Customer: I have about £ 11 000 equity.
Customer: Well that's what they said to cab during negotiation given that I been trying to get natwest charging order off my house I could not agree to it.
Alex Watts : But would they accept a charge on your property? If so this is the on,y way to stop the bankruptcy.
Alex Watts : If they won't accept this then they can press for you to be bankrupt,
Alex Watts : At a heating a judge will want to make sure that you owe the debt and you have the petition.
Alex Watts : If the answer is yes and you can't pay it off within around 28 days the court has no choice, it must make you bankrupt.
Alex Watts : The judge will have no choice.
Alex Watts : So your best bet is to get the creditor to accept a chagre.
Alex Watts : Even if it is behind the current ones
Alex Watts : Can I clarify anything for you?
Customer: What s the interest on these debts whilst secured on my property ?
Alex Watts : You can negotiate that be currently a court would not award more then 2-3%
Alex Watts : Does that clarify?
Customer: Do you mean on both debts the interest rate will be no more that 3% per year?
Customer: What happens to my credit score- whilst they are secured? Can I continue to pay them by instalment ?
Customer: Can I have conditions attached to the charging order?
Customer: What's the point of agreeing a charging order if a few months later they apply for me to sell my house?
Customer: I'm still waiting for answer?
Customer: Send me an mail when expect is back.
Alex Watts :

1) The debts are subject to a charge are allowed to charge interest only set by the Court. If the Court did not allow interest then it cant be charged

Alex Watts :

2) Your credit score only goes down if there is a valid CCJ

Alex Watts :

3) Yes you can pay by installment

Alex Watts :

4) No you can't have conditions attached, you either owe the amount or you dont

Alex Watts :

5) You can agree to a charge but they can;t enforce whilst you are making agreed repayments

Alex Watts :

Does that clarify?

Customer: Thank you one last question - I have no agreed payments with them at this stage how do set agreed payments?
Alex Watts :

You need to write and make an agreement, it is as simple as that

Customer: And I proposed to increase my payments to natwest loans to £150 .00 but they went aheard wand made charging order final I was £2.00 a month should I pay the £150 anyway?! Or it makes no difference ?
Alex Watts :

You need to make payments as per the charging order, unless you apply to vary that.

Alex Watts :

The £3400 debt then you need to come to an arrangement.

Alex Watts :

Does that help?

Customer: When I attend court ? Or later?
Customer: Sorry I'm a bit thick
Alex Watts :

When you attend Court or you can ask for it to be varied later.

Customer: Ok thanks
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice