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She didnt go to CCCS
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jackie_w
Posts: 1,077 Forumite


Hi There,
I posted the other week to say that my sis was having problems, and that she had made an appointment with the CCCS, but also, she had contacted a company (cant remember their name), who were an insolvency practitioner.
Well, the CCCS were meant to contact her yesterday, and this guy from the insolvency company was coming to see her yesterday too. I told her to speak to them both, but, she cancelled the appointment with the CCCS, and only spoke to this guy. So, he is coming back to see her on Friday to get all the paper work signed. To be honest, the guy did say to her that he didnt think it would be best for him to come back so soon, and that she should also seek advice from another party to make sure that she was getting the best advice for her situation, but, she said she doesnt have time for that, and needs to get it sorted this week as she is off work.
The guy said that she should consider protecting the equity in her house (at the moment, there is no equity on her home as its mortgaged to the max), but, she should do this incase the housing market picks up, and she ends up with equity within the next 3 years, that way, her creditors cant try to claim the equity. He has said it will cost approximately £1000 to do this (he did say this was a rough figure, but, it could end up more or less). Is this right, is this what she would have to do? He said wherever she gets the £1000, it has to be seen as a gift because whoever gives it to her will have to write a letter basically saying they have given it to her as a gift etc, so guess who has been asked to give it to her ........me.
He also said that they could take her car off her because this will be seen as an asset. She has told him that she needs her car to get her to and from work as there is no public transport that will take her anywhere near her place of work, but, he has told her that her creditors will not look at it in this way.
He asked her if she had anything on hire purchase and she told him no, however, she then said to me "oh i forgot to tell him about the tv (which her ex husband has), and the fridge freezer which im paying back every month, and is in my name. I told her that they would be classed as hire purchase, and i thought that the companies could actually come and take the items back, but, she said thats rubbish and they cant do that!!!!! She also said that hire purchase is for things that you have hired, but, I dont think this is correct. She said they cant take the tv anyway because her ex has it, and she doesnt, but, Ive said if im correct, and they do want to reposses the tv, she will need to get it back off of her ex. Would this be right?
Does anyone know if what he has told her is correct? Im really worried for her, and have constantly told her that I dont think she should just take his advice, and she should speak to someone else, but, my advice is falling on deaf ears.
Can anyone tell me what the likelyhood is of them taking her car?
If they do take her car from her, then guess who she is going to ask to give her money, yip me. Ive obviously spoken to my husband about this, because ive had to tell him that we have been asked to give her a loan of the £1000 to protect the equity on her house", Ive also said to him about her car, and said that I think we will be asked to give her a loan of money should her creditors take her car off her, and his reply was "well we are not a bank, she will just have to use public transport, or come to some sort of arrangement with her ex and he can run her up and down to work", her ex is a taxi driver.
Im obiously very worried about her situation, and I know that there is no way she will go and speak to someone else about it for her. Im really just wondering if what this guy has said is correct.
Jacki
I posted the other week to say that my sis was having problems, and that she had made an appointment with the CCCS, but also, she had contacted a company (cant remember their name), who were an insolvency practitioner.
Well, the CCCS were meant to contact her yesterday, and this guy from the insolvency company was coming to see her yesterday too. I told her to speak to them both, but, she cancelled the appointment with the CCCS, and only spoke to this guy. So, he is coming back to see her on Friday to get all the paper work signed. To be honest, the guy did say to her that he didnt think it would be best for him to come back so soon, and that she should also seek advice from another party to make sure that she was getting the best advice for her situation, but, she said she doesnt have time for that, and needs to get it sorted this week as she is off work.
The guy said that she should consider protecting the equity in her house (at the moment, there is no equity on her home as its mortgaged to the max), but, she should do this incase the housing market picks up, and she ends up with equity within the next 3 years, that way, her creditors cant try to claim the equity. He has said it will cost approximately £1000 to do this (he did say this was a rough figure, but, it could end up more or less). Is this right, is this what she would have to do? He said wherever she gets the £1000, it has to be seen as a gift because whoever gives it to her will have to write a letter basically saying they have given it to her as a gift etc, so guess who has been asked to give it to her ........me.
He also said that they could take her car off her because this will be seen as an asset. She has told him that she needs her car to get her to and from work as there is no public transport that will take her anywhere near her place of work, but, he has told her that her creditors will not look at it in this way.
He asked her if she had anything on hire purchase and she told him no, however, she then said to me "oh i forgot to tell him about the tv (which her ex husband has), and the fridge freezer which im paying back every month, and is in my name. I told her that they would be classed as hire purchase, and i thought that the companies could actually come and take the items back, but, she said thats rubbish and they cant do that!!!!! She also said that hire purchase is for things that you have hired, but, I dont think this is correct. She said they cant take the tv anyway because her ex has it, and she doesnt, but, Ive said if im correct, and they do want to reposses the tv, she will need to get it back off of her ex. Would this be right?
Does anyone know if what he has told her is correct? Im really worried for her, and have constantly told her that I dont think she should just take his advice, and she should speak to someone else, but, my advice is falling on deaf ears.
Can anyone tell me what the likelyhood is of them taking her car?
If they do take her car from her, then guess who she is going to ask to give her money, yip me. Ive obviously spoken to my husband about this, because ive had to tell him that we have been asked to give her a loan of the £1000 to protect the equity on her house", Ive also said to him about her car, and said that I think we will be asked to give her a loan of money should her creditors take her car off her, and his reply was "well we are not a bank, she will just have to use public transport, or come to some sort of arrangement with her ex and he can run her up and down to work", her ex is a taxi driver.
Im obiously very worried about her situation, and I know that there is no way she will go and speak to someone else about it for her. Im really just wondering if what this guy has said is correct.
Jacki
0
Comments
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Jackie
Please have a chat to NDL urgently. http://www.moneysavingexpert.com/loans/debt-help-plan#help
I think this is far from being the best thing.
Yes, if she has stuff on HP, the company can reclaim it and certainly no OR will let her make full HP payments for goods that are in someone elses possession.
Cars are a nightmare in insolvency. I would have expected an OR to let her have a car to get to work but if the one she has is worth more than £1000 they may well take the existing one and give her that amount to get a run around.
Does your sister have the first clue how very tight IVA budgets are. Given what you said previously she has very little chance of stcking to one for 5 full years of an IVA.
Personally I think she should take advice on straight bankruptcy if she has no equity. Unless she get a big IPA, it would be cheaper, the budget more generous and the future equity protected and it costs a LOT less to arrange.
And there would be no need to involve you in things that may not be entirely legit.If you've have not made a mistake, you've made nothing0 -
So basically she's setting up an IVA, probably with a fee paying company without taking any advice on it - and they want their £1000 fee upfront?
Do you know what her debts are? IVA's are only suitable for a small percentage of people. Could she not go into a Debt Management plan or something?
I think you will need to put your foot down - tell her she isn't going to get anything from you if she doesn't seek proper advice. If she fails with the IVA she may be declared bankrupt. There are even some people that have successfully completed an IVA but then still had to sell their property at the end of it.
As for the explanation of Hire Purchase - the goods don't belong to you until you have made the full payment and can be reposessed if you don't keep up the payments.After falling off the gambling wagon (twice): £33,600 (24,000+ 9,600) - Original CC Debt: £7,885.91
Dad Gift 6k ¦ Savings & Inv Tst: £2,500
Loan 10k: £0 ¦ Dad 5.5k: £2,270 ¦ LTSB: £0 ¦ RBS: £0 ¦ Virgin £0 ¦ Egg £0
Total Owed: £2,270 (+6k) 11/08/20110 -
Is there no way you can get her to read this Jacki?No chocolate, cosmetics or clothes to be bought before xmas day 14! ~ NPower eBay target £541.670
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Hi RAS,
Thanks for replying. I contacted a Money Advisor yesterday and they said that they didnt think she should just take this one mans advice, and should speak to someone else. The Money Advisor said if they were to recommend a Trust Deed (which is what this man she saw yesterday said she would be going on), he would actually recommend that she speak to 2 insolvency practitioners, but, as I said its all falling on deaf ears.
I have had a look at what the sums this man worked out for her yesterday, and how much she will have left over, and its alot more than what she has at the moment. She is adamant that she wont go bankrupt.
I just dont know what else to do for her. I guess if im being honest im trying to get as much info for her as I possibly can because (and I know this is very very selfish), she will come to me and my husband looking for money, and to be honest I dont want to give her the money, but, I will if I really need to.
Please dont judge me for saying that, its just that ive been in debt before, and I worked my a$$ off to get it paid myself without asking anyone for any help, but, with things shes done with her spending and still doing, it just doesnt seem like she is helping herself. They there is also the fact that whenever she asks for money, I always say to my husband (we have joint money not seperate money), and then it starts us arguing because he doesnt want to give her the money either, but, I feel kind of pressured into giving her the money from her and my mum!
ive even said to her to come onto this board and get some advice, but, she wont.
Jackie0 -
Totally agree with George here, I think you are doing as much as you can but at the end of the day, it sounds like she isn't interested in anyone's advice and wants to do things her way.
Please don't lend her any more money, you need to be there to support her but if she won't heed your advice anymore then back off and let her make her own mistakes
I know its really hard but there really is little else you can doAug GC £63.23/£200, Total Savings £00 -
So basically she's setting up an IVA, probably with a fee paying company without taking any advice on it - and they want their £1000 fee upfront?
Do you know what her debts are? IVA's are only suitable for a small percentage of people. Could she not go into a Debt Management plan or something?
I think you will need to put your foot down - tell her she isn't going to get anything from you if she doesn't seek proper advice. If she fails with the IVA she may be declared bankrupt. There are even some people that have successfully completed an IVA but then still had to sell their property at the end of it.
As for the explanation of Hire Purchase - the goods don't belong to you until you have made the full payment and can be reposessed if you don't keep up the payments.
George,
I think the debts must be about £50,000 - £60,000, maybe even more.
The man she spoke to yesterday did say if her creditors refused to proceed with this, then the next step would be bankrupcy, but, again, this £1000 would still need to be paid to protect any future equity on her house.
What happens if the Hire Purchase Company want to take the television and the fridge freezer back? Will they contact her to tell her that they come to her hosue to repossess them? Also, as I said her ex husband has the tv in his own home, so, what happens if he refuses to give the tv back to my sis if the hire purchase company say they are taking it back.
Jackie0 -
Jackie hunny.... take a deep breath...
Your sister has got herself into a bit of a pickle and as much as I know you feel loyal and pressured to bailing her out, what is she learning from that other than to hold her hand out everytime she's in the hotseat?!
Your loyalties should be to your husband and yourself who worked so hard to create a more comfortable life for yourself. You're not a bank and you don't owe her anything more (you're already paying for enough!!)
She needs to get herself out of the situation she's in and please, don't lend her any more money - you wont get it back and she wont change while your purse is open!
If your Mum is so worried about her maybe she can lend her the money ?
Good luck
x0 -
It sounds really harsh, but from what you've said it seems that a 'loan' of £1000 to your sister would really be a 'gift' of £1000 - are you in a position to do that? If not, it is better to say so upfront now.
And if there is no equity in the house at the moment, are you confident that there will be more than £1000 equity in the house anyway in three years time? Even if there was, what would be the chance of your sister being in a position to give you that £1000 back. Honestly, I think you should help her with support, advice, a listening ear etc but anything except money!0 -
Please do not lend her any money towards this fee.
Far fromPlease dont judge me for saying that...........I feel kind of pressured into giving her the money from her and my mum!
I would beg you to stop giving her any more money.
By the way, does she know that if the IVA fails, she will almost certainly have to go bankrupt. And that a very high percentage of IVAs fail.
OUR BK forum is littered with people who have been in this situation. Mostly the IVA company will not even make the person BK awhen it goes pear-shaped and they even have to find their own fees.If you've have not made a mistake, you've made nothing0 -
trancebabe wrote: »Jackie hunny.... take a deep breath...
If your Mum is so worried about her maybe she can lend her the money ?
Good luck
x
Hi,
My mum cant give her a loan of the money, she doesnt have 2 pennies to rub together. The only person that can give her the money is me.
Jackie0
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