Bankruptcy. Avoiding debt and hiding stuff.

[JustinP1]

Slaav said:

Eleven said:

.....

There is every suggestion that you won't receive a penny, I'm afraid. Obtaining judgement is really only the beginning of it. Obtaining judgement is much like being given a cheque to draw against an empty bank account.

The woman is unlikely to admit to having assets and what you see on a wedding website could be anything. Borrowed, hired, sold some time ago.

The cost of obtaining judgement is not the point, it is enforcing the judgement where your problem lies. Obtaining judgement doesn't make you a secured creditor.

This is the important point!

Being in possession of a 'cheque' means absolutely zilch I am afraid. SUCCESSFULLY enforcing this is the issue. Sorry

I think you misunderstand.

Now she is bankrupt, I don't need to enforce anything. All I need do is scan and email the judgment for the receiver, tell them where the assets are, wait until they've sold the house, which unless goes for a steal has equity in it, and wait.

I may actually end up better off than having to pay bailiffs for numerous visits, pay the court for charging orders, and eventually spending my own money making her bankrupt.

Considering that was my final straw, she's saved me the bother and cost.

[Eleven]

JustinP1 said:

I started this thread to ask the width of knowledge of the forum for practical advice, and I've got that from other posters. They've been very helpful indeed.

I've got no interest with you derailing and diluting the thread with critique of the minutiae.

I've given you practical advice, that being to forget it and move on. However it appears that what you consider practical is only anything that supports your ill-fated campaign.

If you think minutiae includes the point that a CCJ is of little help to you, then I wish you the best of luck.

[Slaav]

JustinP1 said:

I think you misunderstand.

Now she is bankrupt, I don't need to enforce anything. All I need do is scan and email the judgment for the receiver, tell them where the assets are, wait until they've sold the house, which unless goes for a steal has equity in it, and wait.

I may actually end up better off than having to pay bailiffs for numerous visits, pay the court for charging orders, and eventually spending my own money making her bankrupt.

Considering that was my final straw, she's saved me the bother and cost.

Fair enough but the assets will surprisingly not be owned by her. A mate will buy the house at mortgage value or even underwater - or someone will.

She will lie and obfuscate whilst your blood boils.... But I kinda see your point

[JustinP1]

Eleven said:

JustinP1 said:

I started this thread to ask the width of knowledge of the forum for practical advice, and I've got that from other posters. They've been very helpful indeed.

I've got no interest with you derailing and diluting the thread with critique of the minutiae.

I've given you practical advice, that being to forget it and move on. However it appears that what you consider practical is only anything that supports your ill-fated campaign.

If you think minutiae includes the point that a CCJ is of little help to you, then I wish you the best of luck.

Eleven - don't get me wrong, I've taken on board those have said, like you 'Don't bother', and also those that have said 'fk em, get em.', and also those that have pointed me in the right direction, ten pence mostly.

I did genuinely come into this with little knowledge, but with advice from here pointing in the right direction, three calls with the official receiver and two to the court, I'm in a better place to know the facts now.

Cutting down to quick, the fundamentals are this:

I pay the £300 court fee, and get my name in the pot. If I get 3 pence in the pound I'm quids in. 50p in the pound and I'm laughing. If the bankruptcy goes honestly, I should get that whither it's a year or two away.

On the other hand, where I am now is that even doing nothing is not cost free. If I didn't pay the court fee, the hearing date would be lost, and I could get the case struck out. Then her solicitors get a letter informing them as such. The default situation on a discontinued claim, especially at this late stage is for the discontinuing party to pay the costs to date.

So, if I did nothing, I might have found I court order on my doorstep in a few weeks time, as her solicitors wrote to the court saying they spent 6 hours at £120 per hour... Even to apply for a stay whilst I take stock and think would have cost me £50 in the application fee.

So, I was kind of stuck anyway - what I found out, is that is an unfortunate outcome of a civil case being in limbo once bankruptcy starts. It means that the Claimant has to pay costs if he discontinues (or loses), but even if he wins, he can't claim his own costs as they occurred during bankruptcy. Not fair, but the way it is.

Edited by JustinP1 on Friday 29th August 17:25