Author Topic: cj and charge notice advice  (Read 1013 times)

nonsense50

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cj and charge notice advice
« on: Apr 04, 2011, 09:45:24 PM »
I have been given a cj for a house repossession in approx 84.  The co op insurance are currently seeking a charge notice.  I have no assets as renting.  I have Criminal Injuries Awards for two children from approx 4 years ago that is approx 12,000 each.  Will the insurance company be able to get their hands on this money as one child is only 17 and cannot be trusted to leave money alone.  I work part time and would not be able to pay much towards a £45,000 debt plus 5,000 overpayment of child tax credits as ema for 18 year old has ceased.  Any advice regarding this would be appreciated.

James Falla

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Re: cj and charge notice advice
« Reply #1 on: Apr 05, 2011, 03:28:06 PM »
Hi there
 
If you are renting then the insurance company cannot get a charging order as there is no property to put it against. As such, the best they can do is hassle you for the money and perhaps apply for an attachment of earnings against you. However, if you are only working part time this is unlikely. Are the injuries awards moneys awarded to your children rather then you yourself? If so and you are simply holding the money on their behalf it is not at risk from your creditors.
 
Given your situation have you considered bankrupty? This would clear your debt once and for all and from what you have said you would not lose anything and all the stress and worry would go away.
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shocksoc335

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Re: cj and charge notice advice
« Reply #2 on: Apr 06, 2011, 05:51:29 AM »
I'm not certain but if the criminal injuries claim was originally in issued to you then even in bankruptcy the funds can be classed as an asset? Double check with the Insolvency on 0845 602 9848 8am - 5pm before you consider this option. If it was awarded to your children then it can not be realized.

shocksoc335
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James Falla

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Re: cj and charge notice advice
« Reply #3 on: Apr 06, 2011, 11:37:05 AM »
Hi Shocksoc
 
If the criminal injuries claim was awarded specifically to the children, these monies can not be touched if nonsense50 goes bankrupt. However, as you say, if the moneys were awarded to them directly, an OR would try to claim on any cash still available. Whether this was successful would depend specifically on why the money was awarded. For example, if to support long term care than it is likely that it would not be touched..
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shocksoc335

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Re: cj and charge notice advice
« Reply #4 on: Apr 06, 2011, 03:39:23 PM »
Hi James thats why I referred nononsence to the Insolvency helpline as he does not mention specific care for children or whether funds awarded to them best to check !
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James Falla

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Re: cj and charge notice advice
« Reply #5 on: Apr 06, 2011, 05:47:22 PM »
Hopefully the money will have been specifically awarded to the children so it definietely can't be touched. If not, the problem is that an OR will try for the money if they think there is a reasonable chance of getting any of it. Such action could probably only be prevented with a legal battle.....
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