Got my fee together, next steps

As the title says. Do I go it alone or is it beneficial to get help from Step Change or similar?

What do I need to do next
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Comments

  • alltaken
    alltaken Posts: 452 Forumite
    You need to contact a debt charity for advice. I am deliberately being thin on my answer here because it appears you have had no advice on which solution fits your financial circumstance.

    If bankruptcy is the best option (after getting advice) you will need to say where you obtained advice when going through the process.

    If I'm correct then please do obtain some professional advice and use the forum as an additional tool for any further questions.
  • Sorry short posted as baby woke up.

    I have had advice from CAB before the summer. I waited for a joint property to sell to have the fee.

    I have a small amount left from the sale but I need to purchase a new car as mine gave up a few weeks ago, is it 1500 I can spend?
  • Do not spend anything from disposal of asset before applying for BR - the OR will come down on you like a tonne of bricks. Make the application, wait to hear from OR and then purchase a vehicle.

    Get up-to-date advice on your current circumstances. If the house was sold at under value, discuss this with StepChange/NDL/CAB, as the OR will be asking questions.
  • luvchocolate
    luvchocolate Posts: 3,254 Forumite
    First Anniversary Name Dropper First Post Home Insurance Hacker!
    As said above hold fire at the moment but the ball park figure is £1000 for a car ...if you can prove a need for one.
  • alltaken
    alltaken Posts: 452 Forumite
    edited 20 October 2016 at 9:19AM
    Sparkles87 wrote: »
    Sorry short posted as baby woke up.

    I have had advice from CAB before the summer. I waited for a joint property to sell to have the fee.

    I have a small amount left from the sale but I need to purchase a new car as mine gave up a few weeks ago, is it 1500 I can spend?

    In that case I'll go ahead.

    To echo NotAPot & luvchocolate, I would hold fire and seek advice from CAB or similar on spending up to £1000 on a replacement car and any potential pitfalls with the OR. Things like public transport and reasoning behind use of a car will be taken into account. We had a circumstance on here recently when the OR was very annoyed at essential spending before bankruptcy (essential white goods), it might be fine (We don't know the outcome yet) but I would hold fire and get advice.

    I have a concern on the property sale. You say it was joint, what was the total release from the sale? I mean to say what did the split of the proceeds look like? 50/50 of the sale with the joint owner? I ask because the OR may look at this with interest if you have realised the proceeds at under value by way of taking less than your share.

    Which leads me to my next question, what did you do with any proceeds from the sale of the property? I understand you will hopefully make clearer the split, have you spent any of the money on other things? I'm just trying to get an overview so you can be prepared for any issues the OR may have.

    My final question, and my apologies if this seems overly harsh (I don't know your full circumstances), why did it take the sale of the property to gain the bankruptcy fee? I understand that it can be a large sum of money for some people to find, but in general once you stop servicing debts the fee is largely acquired in a few months.

    The actual bankruptcy process is very quick, as you likely already know, it is an online process and the reported result as quickly as 24-48 hours. Once bankrupt you can expect a call from the OR within a couple of weeks but this can vary. You'll receive a pack via post to sign and send back, forms such as a data protection waiver (For purposes of the OR inquiries) and more importantly perhaps, a document explaining your duties as an undischarged bankrupt (You will need a witness to sign this alongside yourself) Send the documents back either via the prepaid envelope or via email (ask your OR office for the email address, their number should be on the documents they send).

    The initial interview will be face to face or more commonly, over the phone and generally lasts up to an hour, depending on complexity. I say initial interview, it could be the only one. That interview could set the basis for any potential IPA or BRU/BRO going forward, with follow up questions/additional appointments, if required, further into the bankruptcy. Equally, the interview could be very straight forward and uneventful in that the OR office does not have any questions about the information submitted and is largely satisfied, this is why it is important to get your financial past as exact as possible, with proceed details from property and assets etc etc and what the money went towards as clear as possible.
  • StepChange_Rachael
    StepChange_Rachael Posts: 375 Organisation Representative
    First Anniversary First Post
    Hi

    I came across your post, I hope you don’t mind me responding.

    As you mentioned you might like some advice regarding dealing with debt before going ahead with a solution I thought I’d post a link to our online Debt Remedy tool. Once completed it’ll give you tailored debt advice and recommendations.

    If you need help whilst completing the Debt Remedy tool you can always get in touch with our advisors.

    Thanks
    Rachael

    Sparkles87 wrote: »
    As the title says. Do I go it alone or is it beneficial to get help from Step Change or similar?

    What do I need to do next
  • Do not spend anything from disposal of asset before applying for BR - the OR will come down on you like a tonne of bricks. Make the application, wait to hear from OR and then purchase a vehicle.

    Get up-to-date advice on your current circumstances. If the house was sold at under value, discuss this with StepChange/NDL/CAB, as the OR will be asking questions.

    Unfortunately I couldn't wait so I've had to go ahead and purchase a car and insurance. I cannot make the application until my housing benefit has been recalculated, according to StepChange and I need the car to get my children to childcare.

    The house was sold at 112.5k, originally valued at 115k and selling has been a nightmare from start to finish.
  • alltaken wrote: »
    I have a concern on the property sale. You say it was joint, what was the total release from the sale? I mean to say what did the split of the proceeds look like? 50/50 of the sale with the joint owner? I ask because the OR may look at this with interest if you have realised the proceeds at under value by way of taking less than your share.

    I'll try and answer each piece but I'm on a phone so bare with me...

    It was just under 7k. 2k went directly back to ex's grandma towards management fees which had to be cleared prior to sale. Then approx 5k was split in half l.
    Which leads me to my next question, what did you do with any proceeds from the sale of the property? I understand you will hopefully make clearer the split, have you spent any of the money on other things? I'm just trying to get an overview so you can be prepared for any issues the OR may have.

    The remaining 2.5k has paid 895 and 450 for car and insurance. I have the rest put aside to clear my rent arrears which are a priority and pay the bankruptcy fee.
    My final question, and my apologies if this seems overly harsh (I don't know your full circumstances), why did it take the sale of the property to gain the bankruptcy fee? I understand that it can be a large sum of money for some people to find, but in general once you stop servicing debts the fee is largely acquired in a few months.

    I was made redundant while pregnant, then on income support so had no spare to service any debts so unable to save the fee. As the property was on the market and recieved an offer back in May, CAB advised to proceed with the sale and then use the proceeds towards the fee and clear some of the debt as instructed by the OR with the profits.
    Unfortunately as the sale took six months, we lost 2k, my car gave up, we had mortgage arrears and my rent got into arrears as well. So the mess just got worse since April this year.
    The actual bankruptcy process is very quick, as you likely already know, it is an online process and the reported result as quickly as 24-48 hours. Once bankrupt you can expect a call from the OR within a couple of weeks but this can vary. You'll receive a pack via post to sign and send back, forms such as a data protection waiver (For purposes of the OR inquiries) and more importantly perhaps, a document explaining your duties as an undischarged bankrupt (You will need a witness to sign this alongside yourself) Send the documents back either via the prepaid envelope or via email (ask your OR office for the email address, their number should be on the documents they send).

    The initial interview will be face to face or more commonly, over the phone and generally lasts up to an hour, depending on complexity. I say initial interview, it could be the only one. That interview could set the basis for any potential IPA or BRU/BRO going forward, with follow up questions/additional appointments, if required, further into the bankruptcy. Equally, the interview could be very straight forward and uneventful in that the OR office does not have any questions about the information submitted and is largely satisfied, this is why it is important to get your financial past as exact as possible, with proceed details from property and assets etc etc and what the money went towards as clear as possible.

    Thank you. My biggest point of confusion is my student loan arrears due to an overpayment, I currently pay them £5 a month for a debt of around £2500. Will I continue to pay this or will the amount be altered?

    That and getting my budget approved
  • alltaken
    alltaken Posts: 452 Forumite
    Thanks, I'll hopefully put your mind at ease somewhat by saying the spend on insurance and car seem justified and I highly doubt you have anything to worry about. You spent under £1000 on a vehicle which was sensible, I'm guessing the market value is also under £1000?

    Your student loan would be excluded from the bankruptcy as you appear to already know; is your current income comprised of state benefits? If so you will not be subject to a budget per se, you would of course fill out the online forms with relevant budgets as you spend currently, but would not be held to a hard and fast agreement with view to an IPA being put in place, that can't happen if your income is as mentioned.

    With your student loan repayments, is the current amount affordable? If you're happy paying the current agreed figure, I imagine the OR will have no objection, your income is yours to budget as you wish if not subject to an IPA.

    Lastly, have you discussed a Debt relief order at all? I understand your property would have made you ineligible initially, now that you do not have (presumably) any assets over £1000, do you have a total debt under £20,000? Your student loan does not count towards the limit.
  • alltaken wrote: »
    Thanks, I'll hopefully put your mind at ease somewhat by saying the spend on insurance and car seem justified and I highly doubt you have anything to worry about. You spent under £1000 on a vehicle which was sensible, I'm guessing the market value is also under £1000?
    I'd have thought so, it's from a trade dealer, do they go off Parker guides? It's a pretty beat up car but runs and is large enough to transport my girls and extended family when required.
    Your student loan would be excluded from the bankruptcy as you appear to already know; is your current income comprised of state benefits? If so you will not be subject to a budget per se, you would of course fill out the online forms with relevant budgets as you spend currently, but would not be held to a hard and fast agreement with view to an IPA being put in place, that can't happen if your income is as mentioned.

    I was, which probably would have made the process simpler. I'm now on a student bursary for a degree course and will be on income support again over the summer break.
    With your student loan repayments, is the current amount affordable? If you're happy paying the current agreed figure, I imagine the OR will have no objection, your income is yours to budget as you wish if not subject to an IPA.
    Yes it's affordable, I'd like to clear it more quickly but I don't want to overcommit. If there's no IPA, I'd rather stick to £5 and save a lump to clear it as and when I have surplus.
    Lastly, have you discussed a Debt relief order at all? I understand your property would have made you ineligible initially, now that you do not have (presumably) any assets over £1000, do you have a total debt under £20,000? Your student loan does not count towards the limit.
    I think my total debt counts as over 20k because of a joint loan of 15k? Otherwise I'm under the limit I believe. Ex couldn't get credit so ran it all up in my name.
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