Facing up to bankruptcy!.. need help!

TheGardener · 10 June 2017 at 1:09PM

My apologies - I think the value of the car is nearer £1K than 2 - however, if its value is under £1.5k it might not be worth while the OR selling it. Just try and get the lower value accepted as a 'poor' condition version.

What you Mum gives you is her own affair - not the OR's and I wouldn't mention it - it is not income as such.

ToxtethO'Grady · 10 June 2017 at 1:59PM

Try Co-operative cashminder account instead of Barclays

Barclaycard and Barclays still use right of set off so best to play safe and stay away from Barclays.

You said you receive DLA however that has ended for adults in England and Wales are you receiving DLA for a child? As such you could argue the car is essential and even if you are receiving PIP the OR will take that in to account. Anyway disability related income is disregarded however you may have to provide proof from a medical professional of why some things are needed if the OR wants to know. Just look at everything and try to answer the question "what has that got to do with my/my childs' disability?" And if you can come up with a good reason I'd imagine the OR would be satisfied.
The more proof the less questions.

Also you need to contact who took out the CCJ and advise them you receive disability related income and the enforcement agents, as above they'll say prove it so a letter form a medical professional, copy of prescription or your PIP/DLA letter shoudl help there. They should put the account on hold for 30 days.

Get an N245 form to suspend the warrant/vary the judgement and as you're on benefits you'll get help with the fees.

Contact StepChange or National Debtline today think they are both open to get this all confirmed and they'll be able to point you in the direction of trust funds that can help with the fee for BR

luvchocolate · 10 June 2017 at 6:11PM

I am sure I read on here that the charities do not help with fees any more, I may be wrong but please check.

KJ2886 · 10 June 2017 at 6:25PM

Thanks for the help, Ive spoke to stepchange last few days about the CCJ and to either get a N244 to Stay and get it set aside or the N245 to vary the judgement to pay it installments, but with the other debts and stuff I wasnt sure if to go down that route with a DMP for other debts or bankruptcy

The DLA is for myself (Not been moved onto PIP yet)

One of my main worrys was the car with the bankruptcy, dont want to sell it, It is in 'poor' condition and has cost me a lot over the last year getting so much fixed, more than its worth but it was the best option at the time rather than costs of a new one!

ToxtethO'Grady · 10 June 2017 at 8:01PM

It's a smaller list all the time that do however it's mainly the utility trust funds and you have to be backed by one of the free debt advice agencies.

I know British Gas Energy Trust, Severn Trent and Yorkshire Water still help but a lot will only give to the most vulnerable.

To OP: based on your valuations I'd say explain to the OR and if it will cost you more to get your car ready to be sold and then to buy another one that is less reliable for less that £1K they may let it go.

It is always an individual basis, sorry I can't give you a definite answer, but like I said if you can explain that due to your health or location it is essential they will take that in to account

KJ2886 · 11 June 2017 at 12:11PM

How long before submitting the application for bankruptcy does it all take effect?
Will it stop any enforcement of my High court writ in time? (payment 'due' by midnight on 15th June)

Thats if i raise/ask/find the £680 fee in time

Ive started filling in the questions online for bankruptcy now, just finding out details and figures of my debts now, dont have all login details for my credit cards now for actual figures too

fatbelly · 11 June 2017 at 2:35PM

The adjudicator's office normally confirms your bankruptcy in 2 days.

Use the lower figure for your car value - you have documentary evidence from Parkers, and that's the preferred site.

Don't worry if you don't have the latest figures for your credit card debts - it's not as critical as with a DRO.

ToxtethO'Grady · 11 June 2017 at 8:14PM

Hi OP

You know that as your High Court writ is above £5K if the HCEO can return the writ to the creditor it could mean they will make you BR? They don't have to issue a stat demand if a high court writ is returned they can go straight for a creditors petition.

I'd get legal advice first.

Even though its High Court same rules apply; they cannot force entry and park your car away from the house on private land, preferably in someone's garage or drive with gates. Make the HCEO aware of why you get your DLA you should then be classed as vulnerable.

KJ2886 · 11 June 2017 at 8:41PM

Would the HCSO's do that tho return to creditor? would they just keep coming first to try to enforce it to keep adding fees etc? and it would cost the creditor to make me BR then wouldnt it?
Just want to stop them coming to start with really!

I dont have a drive or garage, just a communal car park with numbered spaces, I do have a blue badge for my car so I did read they cant take a car with a blue badge.
So for now until I file for BR or look at my options, if they do come, dont answer the door/let them in theres not much else they can do?
Just the thought of them knocking on my flat door and with my neighbours around/knowing I wanted to avoid

fatbelly · 11 June 2017 at 9:17PM

They'll try to visit 3 times. No additional fees can be added unless they can remove goods.

Yes, it would cost the creditor to petition for your bankruptcy. It rarely happens, particularly when you want it.

Facing up to bankruptcy!.. need help!

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