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  • FIRST POST
    • MSE Andrea
    • By MSE Andrea 5th Nov 12, 5:58 PM
    • 8,384Posts
    • 20,467Thanks
    MSE Andrea
    Ask a StepChange (formerly CCCS) counsellor a bankruptcy question
    • #1
    • 5th Nov 12, 5:58 PM
    Ask a StepChange (formerly CCCS) counsellor a bankruptcy question 5th Nov 12 at 5:58 PM
    StepChange Debt Charity (formerly CCCS) has several counsellors answering questions in our forum.

    There are three ways to contact them:

    1 - To ask them a question please post it below and Allen, Linsi, Kirsty Rachael or Richard will post a reply here.

    2 - If you would prefer to ask a question in private you can send a private message to StepChange Private Messages and one of the counsellors will get back to you.

    3 – StepChange Debt Remedy is a free and confidential online debt advice tool. You can put a budget together at your pace, and you can also talk it over with an advisor through online chat.

    This thread continues from the previous Ask a counsellor a question thread one
    Last edited by MSE Andrea; 14-12-2016 at 1:40 PM.

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Page 55
    • FixitM
    • By FixitM 12th May 17, 2:20 PM
    • 168 Posts
    • 20 Thanks
    FixitM

    You also can check the Individual Insolvency Register for confirmation and this is free as well. The register will show when you went bankrupt and what the status is now. Your details with be removed from the register three months after you’ve been discharged, unless you have a bankruptcy restriction undertaking or order.

    Linsi
    Originally posted by StepChange_Linsi
    Thank you for this information. Upon checking, it says 'bankrupt' still (I should have been discharged on 18 February 2017). Is this correct or should it now say discharged on there?

    TIA
  • StepChange_Allen
    Thank you for this information. Upon checking, it says 'bankrupt' still (I should have been discharged on 18 February 2017). Is this correct or should it now say discharged on there?

    TIA
    Originally posted by FixitM
    Hi there

    Thanks for posting.

    Bankruptcy normally shows on the Insolvency Register for 15 months, so all being well it will be removed soon assuming you've been discharged after the standard 12 months. So it may disappear from there sometime next week.

    I hope this helps.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • Eliza
    • By Eliza 13th May 17, 8:57 PM
    • 1,266 Posts
    • 1,784 Thanks
    Eliza
    Thank you for this information. Upon checking, it says 'bankrupt' still (I should have been discharged on 18 February 2017). Is this correct or should it now say discharged on there?

    TIA
    Originally posted by FixitM
    You need to click through your details (no it isn't obvious) and then you'll see it says date of discharge.
    • Angeer68
    • By Angeer68 15th May 17, 4:49 PM
    • 1 Posts
    • 0 Thanks
    Angeer68
    DPP question
    Hi

    I'm in a single parent based in Scotland and have a DPP done through Step change, it has been running for about 6 months. I am struggling financially not due to any change in circumstances just due to 2 growing teenage boys and trying to finance them through school and college and now wanting driving lessons etc.

    I have a mortgage on my house with about £85000 outstanding on it, my house is valued between £150000 and £160000.

    My question is there any way the equity in my house can be used to pay of the DPP (probably about £30000)

    Thanks in advance
    • nikkirr
    • By nikkirr 15th May 17, 11:59 PM
    • 36 Posts
    • 4 Thanks
    nikkirr
    I'm due to apply to go bankrupt shortly but have recd overpayment notices from housing benefits and council tax. Will these go into my bankruptcy?
    • CIS
    • By CIS 16th May 17, 7:53 AM
    • 9,912 Posts
    • 5,653 Thanks
    CIS
    Overpayments of council tax support will simply adjust the council tax charge which is outstanding - in most cases the outstanding council tax charge can be covered by a bankruptcy.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • FixitM
    • By FixitM 16th May 17, 10:51 AM
    • 168 Posts
    • 20 Thanks
    FixitM
    You need to click through your details (no it isn't obvious) and then you'll see it says date of discharge.
    Originally posted by Eliza

    Thank you, I've managed to find that by clicking through.
  • StepChange_Allen
    Hi

    I'm in a single parent based in Scotland and have a DPP done through Step change, it has been running for about 6 months. I am struggling financially not due to any change in circumstances just due to 2 growing teenage boys and trying to finance them through school and college and now wanting driving lessons etc.

    I have a mortgage on my house with about £85000 outstanding on it, my house is valued between £150000 and £160000.

    My question is there any way the equity in my house can be used to pay of the DPP (probably about £30000)

    Thanks in advance
    Originally posted by Angeer68
    Hello there

    Welcome to the forum and thanks for posting.

    The best thing to do would be to call our DPP team in Glasgow and explain what you'd like to do, and they'll talk you through any options that could be open to you. They're the experts in dealing with DPPs so I wouldn't want to tread on their toes.

    I hope this helps.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • StepChange_Allen
    I'm due to apply to go bankrupt shortly but have recd overpayment notices from housing benefits and council tax. Will these go into my bankruptcy?
    Originally posted by nikkirr
    Hi Nikki

    Thanks for posting.

    Overpayments of housing benefit will definitely be included in a bankruptcy petition yes. A local authority can continue to collect council tax arrears after the bankruptcy order and before discharge, using a warrant of control, but only if they obtained a liability order for the debt before the date of the bankruptcy order.

    In practice this is rarely done, and if it is if you don't let the enforcement agents into your property and don't have your car parked outside, there's nothing more they can do realistically.

    I hope this is helpful.

    Allen
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • nikkirr
    • By nikkirr 18th May 17, 10:21 AM
    • 36 Posts
    • 4 Thanks
    nikkirr
    Statement of Affairs & Personal Balance Sheet

    Summary

    Monthly Budget Summary Amount(£)
    Total monthly income 1,920.6
    Monthly expenses (incl. HP & secured loans) 1,957.66
    Available for debt repayments -37.06
    UNsecured debt repayments 0
    Amount short for making debt repayments -37.06
    Personal Balance Sheet Summary Amount(£)
    Total Assets (things you own) 0
    Total Secured & HP Debt -0
    Total Unsecured Debt -0
    Net Assets 0
    Household Information

    Number of adults in household 2
    Number of children in household 2
    Number of cars owned 1
    Income, Expense, Debt & Asset Details

    Income Amount(£)
    Monthly income after tax 726
    Partners monthly income 760
    Benefits 137.6
    Other income 297
    Total monthly income 1920.6
    Expenses Amount(£)
    Mortgage 0
    Secured/HP loan payments 0
    Rent 700
    Management charge (leasehold property) 0
    Council tax 138
    Electricity 35
    Gas 41
    Oil 0
    Water Rates 36
    Telephone (land line) 20
    Mobile phone 110
    TV Licence 12.12
    Satellite/Cable TV 44.3
    Internet services 14.5
    Groceries etc. 250
    Clothing 5
    Petrol/diesel 200
    Road tax 19.25
    Car Insurance 41.49
    Car maintenance (including MOT) 20
    Car Parking 0
    Other travel 0
    Childcare/nursery 0
    Other child related expenses 10
    Medical (prescriptions, dentists, opticians etc.) 0
    Pet Insurance/Vet bills 26
    Buildings Insurance 0
    Contents Insurance 0
    Life Assurance 0
    Other Insurance 0
    Presents (birthday, christmas etc.) 15
    Haircuts 0
    Entertainment 0
    Holiday 20
    Emergency Fund 20
    Husbands paymemnts 180
    Total monthly expenses 1957.66


    This is my SOA could u help if this is ok, phones and sky are contract and hubby pays them
    • StepChange Private Messages
      Verified User verified user
    • By StepChange Private Messages Verified User verified user 19th May 17, 11:03 AM
    • 110 Posts
    • 112 Thanks
    StepChange Private Messages
    Hi there

    Thanks for your message and getting in touch.

    From looking at these figures it looks like you could use some advice to help with your situation. I would suggest using our Debt Rermedy tool. This self-help tool will provide the best options for dealing with your debts. You can always discuss it with a debt advisor too if you want.

    I hope this helps.


    Richard




    Statement of Affairs & Personal Balance Sheet

    Summary

    Monthly Budget Summary Amount(£)
    Total monthly income 1,920.6
    Monthly expenses (incl. HP & secured loans) 1,957.66
    Available for debt repayments -37.06
    UNsecured debt repayments 0
    Amount short for making debt repayments -37.06
    Personal Balance Sheet Summary Amount(£)
    Total Assets (things you own) 0
    Total Secured & HP Debt -0
    Total Unsecured Debt -0
    Net Assets 0
    Household Information

    Number of adults in household 2
    Number of children in household 2
    Number of cars owned 1
    Income, Expense, Debt & Asset Details

    Income Amount(£)
    Monthly income after tax 726
    Partners monthly income 760
    Benefits 137.6
    Other income 297
    Total monthly income 1920.6
    Expenses Amount(£)
    Mortgage 0
    Secured/HP loan payments 0
    Rent 700
    Management charge (leasehold property) 0
    Council tax 138
    Electricity 35
    Gas 41
    Oil 0
    Water Rates 36
    Telephone (land line) 20
    Mobile phone 110
    TV Licence 12.12
    Satellite/Cable TV 44.3
    Internet services 14.5
    Groceries etc. 250
    Clothing 5
    Petrol/diesel 200
    Road tax 19.25
    Car Insurance 41.49
    Car maintenance (including MOT) 20
    Car Parking 0
    Other travel 0
    Childcare/nursery 0
    Other child related expenses 10
    Medical (prescriptions, dentists, opticians etc.) 0
    Pet Insurance/Vet bills 26
    Buildings Insurance 0
    Contents Insurance 0
    Life Assurance 0
    Other Insurance 0
    Presents (birthday, christmas etc.) 15
    Haircuts 0
    Entertainment 0
    Holiday 20
    Emergency Fund 20
    Husbands paymemnts 180
    Total monthly expenses 1957.66


    This is my SOA could u help if this is ok, phones and sky are contract and hubby pays them
    Originally posted by nikkirr
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • king16
    • By king16 22nd May 17, 8:40 PM
    • 12 Posts
    • 0 Thanks
    king16
    Hi. please could you tell me the rough wait time from sending all details in e-mail for a DRO (all income proof/debts/credit file ect) to hearing back from StepChange with the DRO application and the letter with the barcode on to take to post office to pay the fee? Thanks

    They was sent via e-mail on Thursday 18th May
    Last edited by king16; 22-05-2017 at 8:42 PM.
  • StepChange_Rachael
    Hi

    Thanks for your post.

    I’m not sure if you’re a client with us or looking into a debt relief order (DRO) as an option.

    If you’re already a client of ours I’d suggest contacting us directly so we can discuss your application with you to give you accurate time frames.

    If you’re new to us and the email was your first contact I should let you know that our process would be to complete an advice session over the phone or online through our Debt Remedy tool first. This is so we can make sure we advise you of all your options and recommend suitable solutions that have a good chance of success.

    Whether you are a new client or not you can find our full contact details here.

    Thanks
    Rachael


    Hi. please could you tell me the rough wait time from sending all details in e-mail for a DRO (all income proof/debts/credit file ect) to hearing back from StepChange with the DRO application and the letter with the barcode on to take to post office to pay the fee? Thanks

    They was sent via e-mail on Thursday 18th May
    Originally posted by king16
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • OHmeOHmy
    • By OHmeOHmy 25th May 17, 4:00 PM
    • 4 Posts
    • 1 Thanks
    OHmeOHmy
    Could anyone advise me on if you can lose your council house tenancy in Scotland if you go bankrupt for council tax arrears?
    • portofcall
    • By portofcall 25th May 17, 8:10 PM
    • 53 Posts
    • 4 Thanks
    portofcall
    I am looking for advice on seeking a DRO.
    I am currently in debt with rent arrears, ex landlord court fees, thousands owed utilities etc. All of them snapping at my heels! I am finding it incredibly stressful having just suffered an illness.
    Now my situation is that I am receiving PIP and ESA. Do both count as 'income' and how strict if the £50 disposable limit regarding obtaining an DRO? Is there an more lenient restriction to those who have a disability claiming PIP and ESA than those who are not? I have no real prospect at all of paying back my creditors and it's stressing me out no end!
    Please help
  • StepChange_Linsi
    Good afternoon,

    Thank you for your message.

    Having council tax arrears wouldn’t normally but your tenancy at risk, but there are some occasions where going bankrupt can affect a tenancy, regardless of the debts included in the bankruptcy.

    Before applying to go bankrupt you should always check your tenancy agreement. Some agreements contain a clause that ends the tenancy if you go bankrupt. We tend to see this more with private tenancies rather than council houses but it’s still worth checking. If you need help to check this I’d recommend speaking to Shelter or Citizens Advice.

    If there isn’t a clause in your agreement and you decide to go bankrupt, the trustee wouldn’t normally have an interest in the property. The only time it may be an issue is if the trustee thinks you’re paying too much rent or the standard of accommodation is too high.

    Before you make a decision about bankruptcy I’d recommend you contact a charity like ours to create a budget and get impartial advice. Here’s the link to our online Debt Remedy tool where you can get tailored advice for free. You can also contact Money Advice Scotland for further advice and support.

    I hope this helps.

    Linsi



    Could anyone advise me on if you can lose your council house tenancy in Scotland if you go bankrupt for council tax arrears?
    Originally posted by OHmeOHmy
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • StepChange_Linsi
    Good afternoon,

    Thanks for your message.

    I’m sorry to hear you’ve been unwell; I hope you’re feeling better now. Dealing with debts can be really stressful, but you’re not alone and you’ve come to the right place for help.

    Benefits such as PIP and DLA are excluded from DROs and other insolvency solutions but there are strict qualifying criteria you must meet in order to apply.

    If you have more than £50 left over at the end of the month after covering all your living costs, care costs and essential bills then you wouldn’t qualify for a DRO. Don’t worry, if this is the case there are always other debt solutions we can look at instead.

    So we can find the best solution to help you with your debts we’ll need to create a budget to show your income, living costs and debts. When we’re creating a budget we’ll need to include all of your income including your PIP and ESA. However, we’d never expect you to use your income from disability benefits to pay your debts, so we’ll also include all of your care costs in the budget as well.

    If a DRO is the best solution for you we can then guide you through the application process to set this up as quickly as possible.

    I think it would be best to create a budget and get advice over the phone, to make sure we fully understand your situation. When you have time to talk you can call our Helpline using our free phone number, here are our contact details.

    We look forward to talking with you soon.

    All the best,

    Linsi

    I am looking for advice on seeking a DRO.
    I am currently in debt with rent arrears, ex landlord court fees, thousands owed utilities etc. All of them snapping at my heels! I am finding it incredibly stressful having just suffered an illness.
    Now my situation is that I am receiving PIP and ESA. Do both count as 'income' and how strict if the £50 disposable limit regarding obtaining an DRO? Is there an more lenient restriction to those who have a disability claiming PIP and ESA than those who are not? I have no real prospect at all of paying back my creditors and it's stressing me out no end!
    Please help
    Originally posted by portofcall
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
    • portofcall
    • By portofcall 26th May 17, 5:37 PM
    • 53 Posts
    • 4 Thanks
    portofcall
    So my PIP is not used to calculate my income - is that correct?
    Do you need to know precise figures regards creditors to obtain a DRO - as some of my creditors are not able to supply accurate figures.
    With my ESA only taken into account then I am certain I have less than £50 disposable income per month.
    So how do I get this started?
    • portofcall
    • By portofcall 28th May 17, 8:31 AM
    • 53 Posts
    • 4 Thanks
    portofcall
    I am in the process of now applying for a DRO - I meet all of the criteria.
    However, I am concerned about one thing. My local council run rent deposit scheme guarantee for the landlord. In effect they guarantee to meet any claims for damages beyond wear and tear at the end of a tenancy directly to the landlord. One of the criteria they set out is that I set up a savings account with a referred to Credit Union Scheme of a sum of £20 to put by for when I move onto another flat.
    It is not a loan repayment but I have been informed that it is mandatory, however I have not signed anything and have moved into the property - I am due to see the Credit Union person next and 'sign' some documents. I am hesitant whether this will affect my DRO application and also whether this is an agreement I have to sign.
    Please help.
  • StepChange_Richard
    Hi there,

    Thanks for your reply.

    PIP and DLA are excluded from insolvency solutions. Just to clarify though, if you were to seek advice from StepChange on the best way to deal with your debts, we would build a budget based on all of your income and your expenses.

    If one of the incomes you mentioned was PIP or DLA then we would ask what expenses you had relating to these incomes. If you then met the criteria for a DRO and wanted to proceed with this, the application that we would submit to the insolvency service would not include the details of the income for the PIP or DLA and the associated expenses.

    In the advice stage we would not need precise figures for your debts (although the more accurate you can be, the better advice we can give), but if you are dealing with an intermidiary who is creating your applicaiton for the DRO they will want as precise figures as possible.

    Organisations that offer advice on how to deal with your debts need to look at your finances as a whole before they can offer advice on the best way to deal with your debts (this is best practice and also a requirement of the industry). So, to get started you'll need to have an advice session with us. You can do this in two ways:

    You can use the Debt Remedy tool on our website. This is a self-help tool that helps you to build your budget and then shows the best way to deal with your debts.

    Alternatively you can call our Helpline where an advisor will make the budget for you and then explains your options. All our contact details are here.

    I hope this helps.


    Richard



    So my PIP is not used to calculate my income - is that correct?
    Do you need to know precise figures regards creditors to obtain a DRO - as some of my creditors are not able to supply accurate figures.
    With my ESA only taken into account then I am certain I have less than £50 disposable income per month.
    So how do I get this started?
    Originally posted by portofcall
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
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